"[A]n ERISA Plan that fails to properly delegate administrative duties to another party may lose discretionary review. But does the delegation of authority have to be in writing? Maybe not, so long as the Plan allows for delegation.... [The Seventh Circuit recently held that:] '[D]elegation does not depend on an express grant; instead it is permissible unless it would be "contrary to the public policy or the terms of a promise." ... There is no reason why an employer cannot make a summary plan description be part of the plan itself and thus reduce the length of the paperwork and the potential for disagreement between the summary and the full plan ... Nothing in this plan forbids delegation [to Aetna].'" [Aschermann v. Aetna Insurance Company (7th Cir. July 31, 2012)]  MORE >>