Failure to provide records

[Guest mjr]

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.

[MGB]

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.

[Steve72]

There was a case this year, Keogan v. Towers, Perrin, Forster & Crosby, Inc., in which the defendant got hit with $100/day for failure to provide a plan document.

[Guest mjr]

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.

[Guest nursingangel]

Watch the 7th Circuit Court, Southern District of Indiana, for a case against Milliman USA (Employee Benefit Consultants ) 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.