(a) The terms âparticipant,â âbeneficiary,â âemployer,â âemployee organization,â ânamed fiduciary,â âfiduciary,â and âadministrator,â as used in subdivision (b), have the same meaning as provided in Section 3 of the Employee Retirement Income Security Act of 1974 (P.L. 93-406) (ERISA), as amended (29 U.S.C.A. Sec. 1002). The term âemployee benefit planâ has the same meaning as provided in Section 80 of this code. The term âtrusteeâ shall include a ânamed fiduciaryâ as that term is employed in ERISA. The term âplan sponsorâ shall include an âemployerâ or âemployee organization,â as those terms are used in ERISA (29 U.S.C.A. Sec. 1002). (b) Notwithstanding Sections 751 and 1100, if payment or refund is made to a participant or the participantâs, employeeâs, or former employeeâs beneficiary or estate pursuant to an employee benefit plan including a plan governed by the Employee Retirement Income Security Act of 1974 (P.L. 93-406), as amended, the payment or refund fully discharges the plan sponsor and the administrator, trustee, or insurance company making the payment or refund from all adverse claims thereto unless, before the payment or refund is made, the plan sponsor or the administrator of the plan has received written notice by or on behalf of some other person that the other person claims to be entitled to the payment or refund or some part thereof. Nothing in this section affects or releases the participant from claims which may exist against the participant by a person other than the plan sponsor, trustee, administrator, or other person making the benefit payment.
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