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A Potential Turning of the Tide: Eleventh Circuit Affirms Enforcement of Summary Plan Description Terms
Seyfarth Shaw LLP Link to more items from this source
Dec. 11, 2014
"The court first rejected the argument that a document could not be both a written instrument that set forth the plan's terms ... and a summary plan description ... Although Amara precludes enforcement of SPDs 'where the terms of that summary conflict with the terms specified in other, governing plan documents,' the Eleventh Circuit noted that the Supreme Court only rejected the proposition that SPDs 'necessarily may be enforced ... as the terms of the plan itself.' This 'leaves open the possibility that terms in those summaries may, at times, be enforced, even though they are not always enforceable.' " [Bd. of Trustees of the National Elevator Industry Health Benefit Plan v. Montanile, No. 14-11678 (11th Cir. Nov. 25, 2014)]

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