Seventh Circuit addresses whether financial service provider is ERISA fiduciary

The U.S. Court of Appeals for the Seventh Circuit has recently decided a case challenging the amount of fees paid by 401(k) plan participants, Leimkuehler v. Am. United Life Ins. Co. This opinion is likely to have vast implications for that type of litigation specifically and the scop
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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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