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Supreme Court Says SPD Terms Not Enforceable as Plan Terms; Leaves Door Open for Other Remedies
Haynes and Boone, LLP [Guidance Overview] May 24, 2011
With this additional relief available and the vast number of communications made by employers, we imagine that litigation regarding discrepancies between plan terms and participant communications will only increase. As such, employers should carefully review existing SPDs and other participant communications to ensure consistency with the terms of the plan document.
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