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Text of Amicus Brief of American Benefits Council, ERIC and SHRM Objecting to Grant of Equitable Relief in ERISA Reimbursement Claim (PDF)
American Benefits Council; The ERISA Industry Committee [ERIC]; Society for Human Resource Management [SHRM] Link to more items from this source
Sept. 5, 2012
33 pages. "Instead of granting equitable relief that was an 'appropriate' means to enforce the terms of the plan, the court below granted equitable relief to rewrite the terms of the plan.... By contrast, enforcing written plan reimbursement provisions does not produce unjust or inequitable results. It merely enforces a rational and fair contractual bargain. The participant here received a clear benefit (immediate payment of his medical bills), and he knew that in exchange for that benefit he would have to reimburse the plan if he ultimately recovered monies from the third party who was responsible for his injuries." [U.S. Airways v. McCutchen, On Petition for Writ of Certiorari to the United States Court of Appeals for the Third Circuit, USSC No. 11-1285]

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