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Text of Amicus Brief of National Coordinating Committee for Multiemployer Plans to Supreme Court on Tracing Requirement for ERISA Benefit Overpayments (PDF)
National Coordinating Committee for Multiemployer Plans [NCCMP]
Oct. 12, 2015 "If adopted by this Court, Montanile's position would make an ERISA plan's reimbursement and subrogation provision unenforceable -- effectively nullifying the provision -- whenever a beneficiary dissipates the money he or she recovers from a tortfeasor, or would otherwise place significant administrative burdens on an ERISA plan whenever it seeks to enforce an equitable lien." [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)] MORE >> |
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