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Court Permits Beneficiary Designation by Telephone
Williams Mullen
Feb. 12, 2015 "First, the court noted that the beneficiary designation forms were not plan documents because they did not contain information about the participant's benefit entitlement. Only documents that provide information about where the participant stands with respect to the plan could constitute plan documents. Second, the court noted that the terms of the Xerox Plans did not incorporate the beneficiary designation forms by reference.... The Ninth Circuit concluded that the participant had substantially complied with the terms of the Xerox Plans, because the plan documents did not require the use of a beneficiary designation form to change a beneficiary designation." [Becker (plaintiff in interpleader) and Mays-Williams v. Williams, No. 13-35069 (9th Cir. Jan. 28, 2015)] MORE >> |
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