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Supreme Court to Resolve How a Fiduciary Can Identify and Recover Plan Assets Wrongly in Participant Hands
Seyfarth Shaw LLPLink to more items from this source
Apr. 1, 2015

"Affirmance of the Eleventh Circuit's decision would represent a practical solution to a common problem faced by fiduciaries who attempt to recover from non-fiduciary plan participants or service providers asserting a right to plan benefits based on assignment.... Should the Supreme Court reverse, non-fiduciary recipients of plan funds would be provided with a perverse incentive to spend plan money immediately upon receipt so as to avoid any repayment obligations set forth by plan terms." [Bd. of Trustees of the National Elevator Industry Health Benefit Plan v. Montanile, No. 14-11678 (11th Cir. Nov. 25, 2014; cert. pet. granted Mar. 30, 2015)]

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