Ninth Circuit Confirms That Plan Language Controls In The Absence of Detrimental Reliance on SPD Language

more+
less-

Ninth Circuit applied the Supreme Court’s ruling in CIGNA Corp. v. Amara, 131 S. Ct. 1866 (2011) wherein the high court ruled that ERISA "summary documents, important as they are, provide communication with beneficiaries about the plan, but that their statements do not themselves constitute the terms of the plan for purposes of § 502(a)(1)(B)." The Ninth Circuit adopted the Supreme Court’s logic and ruling, but left open the possibility that language contained only in the Summary Plan Description (“SPD”) could be enforced if the claimant relied on the language

LOADING PDF: If there are any problems, click here to download the file.

Written by:

more+
less-

McKennon Law Group on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×