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Amicus Brief of American Benefits Council to Tenth Circuit on Ruling That Deferential Standard of Review Requires Disclosure of Plan Administrator's Discretionary Authority (PDF)
American Benefits Council
[Opinion] Sept. 15, 2020 12 pages. "In a nationally unprecedented ruling, the panel majority held that, under ERISA, a deferential standard of review on judicial review of a benefits claim applies only where a plan administrator has disclosed 'its reservation of discretionary authority.'... The majority's requirement is counter to ERISA itself, the precedents addressing ERISA's standard of review, and [DOL] regulations. Furthermore, the majority's rule undermines the important interests that the standard of review protects: 'efficiency, predictability, and uniformity.' " [Lyn M. v. Premera Blue Cross, No. 18-4098 (10th Cir. Jul. 24, 2020)] MORE >> |
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