Court: Third-Party Administrator Is Proper Defendant

MyHealthGuide Source: Bloomberg BNA Pension & Benefits Daily, 11/8/2013, www.BNA.com Case: Nystrom v. AmerisourceBergen Drug Corp., 2013 BL 308000, D. Minn., No. 0:13-cv-00557-DSD-JJK, 11/6/13 Article referred by John Eggertsen, Esq. Attorney at Law, Eggertsen Consulting, P.C. A h
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The exhaustion of administrative remedies is not required in an ERISA benefits case when a participant can “reasonably interpret” the plan to not require exhaustion

This case concerns the calculation of a participant’s benefit, and whether that benefit should include (among other things) an early retirement credit. The plan’s administrative procedures apply when a participant wants to “file a benefit claim,” but this parti
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It Pays to Add a Statute of Limitations to Your Plan’s Claims Procedure

ERISA requires that plans contain a reasonable claims procedure. Courts have generally required claimants to exhaust that claims procedure before filing a lawsuit. In addition, if the plan gives the plan administrator discretion to interpret the plan and decide claims, a court will of
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