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Plan Administrator's 'Consultation' with Self-Funded Disability Plan's Sponsor Did Not Create Structural Conflict of Interest
Lane Powell PC Link to more items from this source
Nov. 20, 2012
"We know that an ERISA plan administrator both administering and funding the plan is operating under a 'structural conflict of interest.' This 'structural conflict of interest' may lower the deference a trial court will give to the plan administrator's benefits decision. So, ERISA plans frequently delegate a plan administrator different from the funding source of the plan to eliminate this structural conflict of interest. But what happens if the plan administrator 'consults with' the plan (with a separate funding source) in making benefit decisions? Is that enough to create a structural conflict of interest anyway?" [Day v. AT&T Disability Income Plan, 2012 WL 5359628 (9th Cir. Nov. 1, 2012)]

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