The Retirement Plan Company (TRPC)/an ABG firm
ERISA Services, Inc.
Creative Pension Consultants, Inc.
Nova 401(k) Associates
Compensation Strategies Group, Ltd.
Nicholas Pension Consultants
Atlantic Pension Services Inc
“BenefitsLink continues to be the most valuable resource we have at the firm.”
-- An attorney subscriber
|Unambiguous Plan Terms Defeat Equitable Estoppel, First Circuit Declares (PDF)|
Steptoe & Johnson LLP
Feb. 13, 2015
"Unlike several of its sister appellate courts, the US Court of Appeals for the First Circuit has never held that promissory or equitable estoppel is a form of relief available under Section 502(a)(3) of ERISA. Each time the issue has confronted it, the court has ruled that the plaintiff failed to allege the elements necessary for an estoppel claim, rendering it unnecessary to decide whether such a claim might in fact be cognizable.... In its latest encounter with the issue, the First Circuit continued on the same path, rejecting a pension plan participant's claim for benefits that allegedly had been promised to him but that were not provided under the terms of the plan." [Guerra-Delgado v. Popular, Inc., No. 13-2065 (1st Cir. Dec. 18, 2014)]
|Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the link above).|
|An important word about authorship: BenefitsLink® is providing a hypertext link to the item shown above, but is not the author of the item (unless otherwise specified).|