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Sixth Circuit: SPD Can Be Governing Plan Document When There Is No Actual Plan
Robinson + Cole LLP Nov. 5, 2015
"The Trust Agreement did not ... contain any details of a health plan. The NEI Board never created a plan document, but did create an SPD, which details the terms of the plan, and contains a subrogation provision. The Plan's director of health claims administration testified that the SPD constituted both the plan and the summary of that plan.... [T]he court ... [stated]: 'an SPD describing employee benefits that anticipates the existence of a Plan, but is issued long in advance of the Plan, constitutes the actual plan, as well as a summary of a plan "that is nowhere else in writing." ' " [Bd. of Trustees v. Moore, No. 14-4048 (6th Cir. Aug. 25, 2015)]
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