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Comments on Second Circuit on Discretionary Firestone Language and SPDs
Workplace Prof Blog 
Nov. 30, 2006 Excerpt: In Tocker v. Phillip Morris, No. 04-5904 (2d Cir. Nov. 22, 2006), the court considered a situation in which the company failed to place the necessary discretionary Firestone language into its plan's summary plan description (SPD), but nevertheless sought and received arbitrary and capricious review of a plan administrators benefit determination (involving the calculation of pension credits) based on discretionary language in other ERISA plan documents. MORE >> |
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