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Text of ERIC Amicus Brief to Second Circuit Arguing That Courts Should Not Rewrite Plan Documents (PDF)
The ERISA Industry Committee [ERIC] and U.S. Chamber of Commerce Link to more items from this source
Sept. 10, 2013
"ERISA has never required SPDs to set forth how and why a participant's pattern of benefit accruals might rise or fall or plateau due to the interaction and influence of these external factors. And with good reason, since implementing such a requirement would pose an administrative and stochastic nightmare for plans and their administrators.... To ensure that ERISA's objectives of 'efficiency, predictability, and uniformity' in plan interpretation and administration are respected ... only in the most extraordinary circumstance would judicial reformation of a plan's terms ever be appropriate. This case is not such an occasion." [The case is Geoffrey Osberg V. Foot Locker, Inc., and Foot Locker Retirement Plan, No. 13-187-cv.]

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