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When is it proper to ignore a plan document's provision?


Peter Gulia

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ERISA section 404(a)(1)(D) tells a fiduciary to discharge his, her, or its duties "in accordance with the documents and instruments governing the plan insofar as such documents and instruments are consistent with the provisions of [ERISA]."

The Supreme Court of the United States has made clear that the "insofar" exception at least permits, and might require, a fiduciary to disobey a plan's document if doing so is necessary to meet an ERISA fiduciary duty, including a duty of loyalty or prudence.

Does anyone know of a court decision in which the "insofar" exception applied concerning a situation beyond employer securities?

Any case concerning a retirement plan?

Any case concerning a health plan?

Any case concerning some other ERISA-governed employee benefit?

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania

215-732-1552

Peter@FiduciaryGuidanceCounsel.com

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