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Retirement Plan › Administrative Remedies

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor: ERISA Exhaustion Requirement Not Satisfied by Verbal Appeal When Plan Required Written Appeal

Hinshaw & Culbertson - The LHD/ERISA Advisor on

In Ligotti v. United Healthcare Services, 2021 U.S. Dist. LEXIS 106992 (S.D. Fla., June 8, 2021), a Florida district court held that a health care provider challenging claim denials on behalf of his patients cannot satisfy...more

Rivkin Radler LLP

Employee Benefit Plan Review – From the Courts

Rivkin Radler LLP on

Ninth Circuit Affirms Decision Rejecting Suit Seeking Early Retirement Benefits - The U.S. Court of Appeals for the Ninth Circuit has affirmed a district court’s decision rejecting a plaintiff’s lawsuit seeking to overturn...more

Proskauer - Employee Benefits & Executive...

Exhaustion of Plan Administrative Remedies: Important Considerations Following Hitchcock v. Cumberland

Proskauer - Employee Benefits & Executive... on

Recently, the Sixth Circuit ruled in Hitchcock v. Cumberland University 403(b) Plan that pension plan participants are not required to exhaust their plan’s administrative remedies before pursuing claims alleging statutory...more

Proskauer - Employee Benefits & Executive...

Sixth Circuit: ERISA Exhaustion Not Required in Plan Amendment Suit

Proskauer - Employee Benefits & Executive... on

The Sixth Circuit held that retirement plan participants were not required to exhaust their administrative remedies prior to bringing a claim alleging that a plan amendment violated ERISA....more

Stinson - Benefits Notes Blog

Participants in Top Hat Plans Must Exhaust Administrative Remedies

Stinson - Benefits Notes Blog on

So-called “Top Hat” plans are nonqualified deferred compensation plans for a select group of management or highly compensated employees. These executive compensation arrangements are exempt from many ERISA provisions, but are...more

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