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Supreme Court Says Plan Fiduciaries Cannot Seek Recoupment Under ERISA Section 502(a)(3) from a Participant's General Assets (PDF)
Groom Law Group Link to more items from this source
Mar. 2, 2016
"The Supreme Court's decision narrows the timeframe within which plan fiduciaries can enforce their right to recoupment and limits the enforcement of such rights under ERISA section 502(a)(3), making their duty to recover plan assets more cumbersome.... [P]lan sponsors should revisit plan operations to ensure that rights to subrogation and recoupment are asserted promptly. This may require closer monitoring of payment information and potential settlements." [Montanile v. Bd. of Trustees of Nat. Elevator Ind. Health Benefit Plan, No. 14-723 (U.S. Jan. 20, 2016)]

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