In a year of great upheaval in plan documents due to regulatory and legislative changes, the third branch of government has decided to join in and add to the ERISA stress factor. This year, the U.S. Supreme Court has already decided LaRue, has MetLife coming up on the oral argument calendar in April, and now is considering taking another ERISA case. (hat tip to Paul Secunda of the Workplace Prof blog)
SCOTUSblog is reporting that:
- The Court asked for the federal government’s views in… Amschwand v. Spherion Corp. (07-841)…. The Amschwand case tests whether a participant or beneficiary in an ERISA health benefits plan may sue for the insurance benefits that would have been available but for a violation of a plan administrator’s duty.
The opinion from the 5th Circuit Court of Appeals is available here.
[tags]Pension Protection Act, ppa, Amschwand, Spherion, SCOTUSblog, Supreme Court, ERISA[/tags]
