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Second Circuit Rules Plan Language Was Good Enough to Grant Discretionary Authority Even Without the Word 'Discretion'
Thomson Reuters / EBIALink to more items from this source
June 3, 2021

"Although magic words or (as this court noted) 'linguistic talismans' are not necessary to delegate discretionary authority, and courts may find discretionary authority in language that does not include the word 'discretion,' using that term may avoid having to parse the plan language in court." [Tyll v. Stanley Black & Decker Life Ins. Program, No. 20-1060 (2d Cir. May 4, 2021, unpub.)]

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