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
Continue Reading →

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
Continue Reading →