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Found 2 results

  1. Peter Gulia
    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 concerning a health plan?
  2. Peter Gulia
    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?
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