Peter Gulia Posted September 13, 2014 Share Posted September 13, 2014 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 Link to comment Share on other sites More sharing options...
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