University of Kansas School of Law
Beginning in 1961, Brendan Jones 1 worked as a machine operator at Obelisk Manufacturing (“Obelisk”) in Connecticut. Jones joined Obelisk as an 18 year-old right out of high school and worked there continuously until the plant closed in 1995 when he was almost 52 years old. When he reached the age of 55, Jones applied for and began receiving his pension in the amount of $123.79 per month from the Obelisk plan. In July 2010, 12 years into retirement, he received a notice from the plan informing him that it had made an error in calculating his monthly benefit. The correct amount, he was told, was $82.53 per month — a reduction of $41.26 or 33%. Then, in September of 2013 Jones received another notice from the plan that informed him, “When an overpayment is discovered, the Plan is required to take steps to correct the mistake and make the plan whole. To correct the overpayment of your benefits, further periodic payments to you will be reduced. . .” 2 At that point his benefit was further reduced to $24.78 per month.
Recoupment of Pension Overpayments: Equitable Liens and Meaningful Reform After Montanile,
Kansas Journal of Law & Public Policy
Available at: https://scholarship.law.bu.edu/faculty_scholarship/211