AimPoint Pension
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Loan & Distribution Specialist AimPoint Pension
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Compass
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Regional Vice President of Sales The Retirement Plan Company
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Bates & Company, Inc.
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Defined Benefit Combo Cash Balance Compliance Consultant Loren D. Stark Company (LDSCO)
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Employee's COBRA Claim Was Not Subject to Health Plan Arbitration Provision
Thomson Reuters Practical Law Dec. 5, 2019 "Citing the plan's arbitration clause, the employer sought to stay the proceedings and compel arbitration of the COBRA claim.... The district court held that the employee's COBRA claim, which was brought under ERISA Section 502(a), was expressly excepted from the plan's arbitration clause.... [T]he court concluded that even if the plan's arbitration clause was ambiguous, this ambiguity ... must be construed against the drafting party." [Desselle v. Ivy Creek Healthcare LLC, No. 19-338 (M.D. Ala. Dec. 2, 2019)] |
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