DAK Americas Workers Must Repay $928K in Pension Benefits

Four DAK Americas LLC ex-workers must return approximately $928,000 in overpaid pension benefits they mistakenly received from the company after it closed its Wilmington, N.C., plant (Ret. Comm. of DAK Ams. LLC v. Brewer, 2017 BL 283201, 4th Cir., 16-1574, 8/14/17).

The payment received by the workers—which was calculated based on their early retirement date instead of their normal retirement date—was contrary to the written terms of DAK Americas’ pension plan, the U.S. Court of Appeals for the Fourth Circuit held Aug. 14. The district court correctly applied the plan’s plain language in determining that it authorized only ...