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Failure to provide records


Guest mjr
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I am looking for decisions (after 1995) awarding $100 or $110/day penalty for failure to provide records to a plan particpant in circumstances of concealment and gross breach of fiduciary duty by plan administrator.

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Although I do not have an easily recoverable list of cases, I've been watching this anecdotally for years. I had never seen any case where the judge allowed more than $10/day, usually stating it would be too much of a windfall if they did the full amount (these often are a year or more in arrears if they end up going to court). Having said that, a recent one (Lowe v. SRA/IBM-MacMillan Pension Plan, N.D. III., No. 01 C58, 12/11/02) resulted in $50/day ($35,000 for two-years). Prior to seeing this case, $10 seemed to be the common standard.

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Thanks. In Haberern v. Kaupp Vascular Surgeons Ben. Plan, 822 F. Supp. 247 247 (E.D.Pa. 1993) plaintiff was awarded $191,300 representing $100 per day for failure to provide a statement that shows how defendants computed plaintiff's Defined Benefit Plan distribution. This was a case in which the defendant's committed serious breaches of fiduciary duty resulting in considerable and deliberate reduction of plaintiff's benefits.

I am hoping to find other cites for similar serious breaches in fiduciary duty where plaintiff has suffered damages.

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  • 3 weeks later...
Guest nursingangel

Watch the 7th Circuit Court, Southern District of Indiana, for a case against Milliman USA (Employee Benefit Consultants :o ) for numerous ERISA violations. The penalties could be astronomical. No fewer than 5 Long-Term Disability policies were provided the plaintiff over the course of the denial/appeal route.

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