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Plan Administrator Deemed an ERISA Fiduciary
The Wagner Law Group Link to more items from this source
Aug. 9, 2019

"The Fourth Circuit ... determined that the spouse's complaint adequately alleged that the employer was a functional fiduciary because of its status as plan administrator and because of the vice president's individualized advice to the spouse regarding her claim. The Fourth Circuit also noted its prior decisions in which it had held that a plan administrator acts in a fiduciary capacity when it verifies employee eligibility for plan participation." [Dawson-Murdock v. National Counseling Group, Inc., No. 18-1989 (4th Cir. Jul. 24, 2019)]

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