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Edwards Wildman
June 12, 2014
"The Second Circuit's decision ... joined the majority of circuit courts in allowing ERISA fiduciaries to recover overpaid benefits under ERISA 502(a)(3) even if those funds have been dissipated.... [In] refusing to grant certiorari, the Supreme Court allowed a circuit split to remain on this issue ... Therefore, the ability of ERISA plan administrators and fiduciaries to recover overpayments may vary depending on the location of the case." [Thurber v. Aetna Life Insurance Co., No. 12-370 (2d Cir. Mar. 13, 2013; cert. denied June 9, 2014)]
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