Regulatory

:: Seventh Circuit Holds That Sereboff Supports Disability Carrier’s Counterclaim

Although Standard’s plan does not use the word “discretion,” it uses a variety of equivalent terms that convey the same meaning. See supra (”full and exclusive authority to control and manage, . . . to administer, . . . and to interpret and to resolve all questions arising in its administration, interpretation, and application”; “[t]he …

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:: District Court Opinion Provides Additional Analysis Of Post-Sereboff Counterclaims

Finally, defendant has moved for summary judgment on its counterclaim seeking reimbursement for certain overpayments of the initial short term disability benefits. Plaintiff admits that the overpayments were made, but argues that defendant’s claim is subject to exhaustion. Although there is little support for plaintiff’s argument, there is a more fundamental problem with the counterclaim. …

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:: EBSA Cites Statistics Showing Effective “Targeting” Of ERISA Plans

In FY 2009, EBSA closed 3,669 civil investigations, with 2,833 (77.21%) resulting in monetary results for plans or other corrective action. “Civil Investigation Statistics Demonstrate Success In Targeting” Employee Benefit Security Administration Fact Sheet The EBSA cites its targeting protocols as contributing to the success of enforcement efforts against ERISA plans and fiduciaries during 2009. …

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