Forfeitures in Qualified Retirement Plans: Recent Lawsuits, Challenges, Mitigating Compliance Risks

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Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
ERISA
- event Date
Thursday, December 11, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
This CLE webinar will provide employee benefits counsel guidance on the use of forfeitures in qualified retirement plans and analyze the current state of law in recent lawsuits. The panel will discuss recent developments, structuring and compliance risks, timing of use issues, permitted uses, reducing employer contributions and paying plan expenses, forfeitures in defined benefit plans, and other key issues.
Faculty

Ms.Camp is a litigation attorney in Holland & Knight's West Palm Beach and Atlanta offices. She defends companies, fiduciaries and executives throughout the United States in Employee Retirement Income Security Act of 1974 (ERISA), labor and employment, and business disputes. Ms.Camp has experience litigating complex cases involving ERISA, federal securities laws, federal whistleblower statutes, anti-discrimination laws, trade secrets and business disputes. During the course of her career, she has defended a number of class actions and ERISA breach of fiduciary duty actions. Ms. Camp also has experience with matters involving employee stock ownership plans (ESOPs), 401(k) plans, Consolidated Omnibus Budget Reconciliation Act (COBRA) notices, medical benefit plans, securities fraud, and trade secrets and covenants-not-to-compete. She has significant experience successfully litigating these cases to settlement, summary judgment and verdict. Ms. Camp is a frequent lecturer and writer on a wide range of ESOP, employee benefits, employment- and business-related issues, including ERISA compliance and preemption, and U.S. Department of Labor (DOL) audits and investigations.

Ms. Perkowski is a litigation attorney in Holland & Knight's Atlanta office. She focuses her practice on complex commercial litigation matters involving labor and employment issues, disputes under the Employee Retirement Income Security Act of 1974 (ERISA), business disputes and product liability and mass torts. Ms. Perkowski has substantial experience in all aspects of complex litigation, including fact discovery, expert discovery, motions practice, trials and appeals. She has developed expert witnesses, prepared company witnesses for deposition, first-chaired numerous depositions and drafted dispositive motions and appellate briefs. Prior to joining Holland & Knight, Ms. Perkowski was an associate at a large international law firm in New York, where her practice focused on complex commercial litigation, with a particular concentration in pharmaceutical product liability and mass tort matters.

Mr. Wozniak is a trial attorney and the leader of Holland & Knight's ERISA Litigation Team and Atlanta Litigation Practice Group. He defends companies, fiduciaries and public institutions throughout the United States in Employee Retirement Income Security Act of 1974 (ERISA), employee stock ownership plan (ESOP), labor and employment, and business disputes. Mr. Wozniak is also experienced in wage-and-hour litigation, state and federal whistleblower statutes, non-discrimination laws, plant closing and mass layoff laws, collective bargaining and traditional labor relations, executive contracts and compensation, non-compete and trade secrets litigation, and partnership/business disputes. During his career, he has defended dozens of class or collective actions and tried more than 40 cases or arbitrations to verdict. In addition, Mr. Wozniak is a frequent lecturer and writer on a wide range of ESOP, employee benefits, employment and business-related issues, including ERISA compliance and preemption, U.S. Department of Labor (DOL) audits and investigations, protecting trade secrets, implementing reductions-in-force, pre-dispute arbitration agreements and programs, class action defense, eDiscovery, and wage-and-hour compliance.
Description
Employer-sponsored retirement plans continue to experience heightened compliance risks stemming from plan forfeitures resulting in a series of lawsuits against fiduciaries. Plan sponsors and their counsel seeking to use forfeitures must determine when forfeitures occur and how to use them appropriately in light of recent lawsuits, in addition to other key considerations.
Forfeitures are plan assets derived from non-vested employer contributions that are forfeited from a participant's account when that participant terminates employment and is not fully vested. The plan document typically specifies the timing of the forfeiture, vesting schedules, applicable IRS rules, and in some cases is left at the discretion of the fiduciary. Instead of using employer assets, these forfeited funds can be used to pay for employer contributions or plan expenses. However, plan sponsors face a number of challenges stemming from IRS rules, plan documentation, timing, and other key items that must be considered to mitigate compliance risks.
Listen as our panel discusses recent developments and ERISA forfeiture lawsuits, the timing of use issues, permitted uses, reducing employer contributions and paying plan expenses, risks, and other key issues.
Outline
I. Overview of forfeitures
II. Uses of plan forfeitures and challenges
III. Other key considerations
A. Plan corrections
B. Plans with full vesting
C. Plan termination
IV. Recent lawsuits and mitigating risks
V. Best practices for mitigating forfeiture compliance risks
Benefits
The panel will discuss these and other key issues:
- What are the uses of plan forfeitures?
- What impact do plan forfeitures have on plan corrections, plans with full vesting, and plan termination?
- What are the key issues presented in recent ERISA forfeiture lawsuits?
- What steps must be taken to mitigate forfeiture compliance risks?
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Forfeitures in Qualified Retirement Plans: Recent Lawsuits, Challenges, Mitigating Compliance Risks
Thursday, December 11, 2025
1:00 p.m. ET./10:00 a.m. PT
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