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Eleventh Cir.: Plan Not Liable for Interest on Reinstated Disability Payments Unless Document So Allows (PDF)
U.S. Court of Appeals for the Eleventh Circuit via FindLaw 
[Opinion] July 28, 2003 Flint v. ABB, Inc., No. 02-15029 (11th Cir. Jul. 21, 2003). Excerpt: 3 Kemper reinstated Flint"s [disability] benefits and made the reinstatement retroactive to July 1, 2001.... Flint conceded that '[t]he Plan documents are silent regarding the payment of interest on Delayed Benefits'; nevertheless, he claimed that Section 502(a)(1)(B) and Section 502(a)(3)(B) of ERISA allow plaintiffs to recover accrued interest on reinstated benefits, even when an employer"s plan is silent on the issue. MORE >> |
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