BarbriSFCourseDetails
  • videocam Live Online with Live Q&A
  • calendar_month December 11, 2025 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel ERISA
  • schedule 90 minutes

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

$297.00

This course is $0 with these passes:

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Description

Over the last two years, nearly 80 class action lawsuits alleging the misuse of retirement plan forfeitures have been filed against major U.S. retirement plans and their fiduciaries.

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 and fiduciaries 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, risk mitigation strategies, and other key issues.

Presented By

Lindsey R. Camp
Partner
Holland & Knight LLP

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.

Monica I. Perkowski
Attorney
Holland & Knight LLP

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.

Todd D. Wozniak
Partner
Holland & Knight LLP

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.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, December 11, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

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

The panel will discuss these and other key issues:

  • What are the uses of plan forfeitures?
  • What is the federal government's position regarding the appropriate use of plan forfeitures?
  • What are the key issues presented in recent ERISA forfeiture lawsuits?
  • What steps can be taken to mitigate forfeiture compliance risks?