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Managing Premium Payments for Benefit Plans
ERISAPros
July 19, 2022 "The Sixth Circuit Court of Appeals ... reversed a district court's dismissal of a claim for breach of fiduciary duty based on ERISA's 'ministerial function' exception. This holding concludes that the employer (Wal-Mart) indisputably exercised control over the Plan's assets as it handled the premium payments in question, thus acting as a fiduciary.... The language of the employer's Summary Plan Description may significantly mitigate its potential liability." [Chelf v. Prudential Ins. Co., No. 20-6097 (6th Cir. Apr. 12, 2022)] |
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