Pension litigation is a legal dispute related to pension plans or retirement funds. These disputes can arise between employers and employees, pension plan administrators, or even among pension plan members. There are several common types of pension litigation disputes, including:

1. Benefit Claims: Beneficiaries may dispute the calculation or payment of pension benefits, claiming they are entitled to a higher amount. This can involve disputes over pension benefit formulas, spousal benefit rights, or claims of effective service credit.

2. Fiduciary Duty: Pension plan administrators have a fiduciary duty to act in the best interests of plan participants. Disputes can arise when plan administrators breach their duties, such as mismanaging plan assets or failing to disclose material information about the plan.

3. Plan Amendments: Employers may seek to amend pension plans, which can lead to disputes if plan participants believe the changes are detrimental to their interests. These disputes often involve whether the employer has the right to make such amendments and whether they comply with applicable laws and regulations.

4. Plan Termination: When a pension plan is terminated, disputes may arise regarding the distribution of plan assets. Participants may argue that the distribution is unfair or that certain participants are favoured.

5. Discrimination: Pension plans must comply with anti-discrimination laws, such as the Age Discrimination in Employment Act (ADEA) and the Employee Retirement Income Security Act (ERISA). Disputes can arise if plan participants believe they have been treated unfairly based on age, gender, or other protected characteristics.

6. Investment Issues: Pension plan participants may sue plan fiduciaries for alleged imprudent or inappropriate investments in plan assets. These disputes often centre around allegations of breach of fiduciary duty or failure to diversify investments.

Pension litigation disputes can be complex and require a thorough understanding of applicable laws and regulations. It is common for parties to seek legal representation to navigate the litigation process and protect their rights and interests.

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