Liberty with the Law: Volume 6, Issue 6, Vayeitzei
- Sefas Tamim
- 3 days ago
- 1 min read
November 29, 2025; 9 Kislev, 5786 Sponsored anonymously for the Refuah Shleimah of Yair Nissan Ben Sara
QUESTION: The Pension Funds Act (“Act”) contains provisions related to the recovery of pension benefits from an employee in cases where an employer has suffered a quantifiable financial loss due to the employee's admitted gross negligence. Specifically, Section 37D of the Act lists "theft, dishonesty, fraud or misconduct" as grounds for such recovery. If such a case would come to pass and the employer wishes to recover losses due to an employee’s misconduct from the employee’s pension benefit, may a lawyer ethically contend that "misconduct" under Section 37D does not inherently require an element of dishonesty...