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Court Dismisses Participants' Challenge to Cross-Plan Offsetting
Thomson Reuters / EBIA 
June 3, 2021 "In a case involving the same TPA, the Eighth Circuit held that cross-plan offsetting was not permitted by the terms of the plans involved but declined to decide whether the practice necessarily violates ERISA ... Given that awareness of cross-plan offsetting seems to be on the rise and the DOL has taken the position that it violates ERISA, administrators performing cross-plan offsets may wish to proceed with caution." [Scott v. UnitedHealth Group, No. 20-1570 (D. Minn. May 20, 2021)] |
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