About the Course
Introduction
This CLE course will provide ERISA counsel and advisers an in-depth analysis of the use of actuarial assumptions in defined benefit plans. The panel will discuss the current litigation landscape and developments in the cases that challenge plan actuarial equivalence factors. The panel will also review critical considerations for plan sponsors and fiduciaries who may be at risk of facing these claims from participants and beneficiaries.
Description
Defined benefit plans use actuarial assumptions when calculating optional forms of benefits (such as joint-and-survivor or certain-and-life annuities) or early retirement benefits, which are typically actuarially equivalent to a single life annuity. Many plans use assumptions that may not reflect current mortality tables or interest rates.
Plaintiffs continue to file lawsuits challenging these actuarial assumptions—typically the use of an older mortality table—claiming that the assumptions do not produce actuarially equivalent benefits as required under ERISA. The plaintiffs argue this causes retirees to lose portions of their vested retirement benefits.
Developments in these lawsuits against plan sponsors have shed some light on the risks and potential liability associated with the use of older actuarial assumptions. These developments will serve to guide sponsors and their ERISA counsel on whether and what actions to take to address these issues.
Listen as our panel discusses developments in the actuarial equivalence cases, as well as potential defenses to these plaintiffs' claims. The panel will also discuss possible plan modifications and other critical considerations for plan sponsors and fiduciaries.
Presented By
Mr. McSweeney specializes in complex commercial litigation involving ERISA plans. He has experience in all phases of litigation and contested disputes, from pretrial discovery, motions practice, trial preparation, and mediation, through to verdict on the merits. Before joining Groom, Mr. McSweeney practiced for several years in the D.C. office of a leading international law firm, where he participated in all aspects of litigation regarding a variety of issues.
Mr. Shapiro’s practice focuses on the design funding, and administration of multiemployer, single employer, and governmental retirement plans. His experience includes working with a wide range of organizations to ensure that their retirement programs meet their financial and human resources objectives while complying with the applicable laws and IRS, PBGC and DOL regulations. Mr. Shapiro is a former Deputy Director for Research and Education at the National Coordinating Committee for Multiemployer Plans.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, January 20, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Overview of the use of actuarial assumptions in retirement plans
II. Fiduciary obligations and liability
III. Recent cases and developments
IV. Best practices for ERISA counsel and plan sponsors
The panel will review these and other key issues:
- The use of actuarial assumptions in retirement plans' calculation of optional forms of benefits
- Recent court cases challenging plans' actuarial assumptions
- Plan sponsor and administrator defenses
- Critical considerations for plan sponsors and administrators
