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Fifth Circuit Adopts Majority Rule on What Constitutes 'Other Instruments' of an ERISA Plan
Wilson Elser Link to more items from this source
Nov. 10, 2014
"The appellants ... had sought production of investment guidelines used by administrators of the appellee pension plans, arguing that they were 'other instruments' under which the plans were operated. The Fifth Circuit disagreed, construing the catch-all provision narrowly so as to apply only to formal legal documents that govern a plan.... [and noting] that the term 'other instruments' in [ERISA] section 104(b)(4) followed a list consisting of formal documents that either [1] provide plan participants and beneficiaries with notice of their rights and obligations or [2] are the foundational documents under which a plan is created and governed." [Murphy v. Verizon Communications, Inc., No. 13-11117 (5th Cir. Oct. 14, 2014)]

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