"Accuracy is not a lot to ask:" applying 'contra proferentum' to employer disclaimers, summary plan descriptions & ERISA

Article Abstract:

Contra proferentum should be used for conflicts over employer disclaimers in employee benefit plans. Employers put disclaimers in their summary plan descriptions to give blanket hegemony to plan documents favoring employers. Legal conflicts exist between the documents of employee benefits plans and their summary plan descriptions, and case law shows a trend of courts using contra proferentum to resolve the problems. This strategy holds that adverse consequences of ambiguous language should be held against the party that chose that language.

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Protecting against ERISA liability of "sideline" nonfiduciary advisors

Article Abstract:

The author discusses the a Supreme Court ruling that broadened the potential civil liability exposure of non-fiduciary advisors, such as unions, attorneys, and accountants, under ERISA benefit plans. The possible impact of the Uniform Prudent Investor Act, which as been adopted in many states, is also covered.

States, Liability (Law), Legal liability

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Y2K ERISA update: key issues and trends facing employers and plan participants

Article Abstract:

The author discusses developing trends in litigation by employees over benefits, including ERISA s. 510 claims made on the theory of adverse employment action, contingent worker classifications to avoid benefits, domestic partner benefits, cash balance plans, and the law of fiduciary duty under ERISA.

Laws, regulations and rules

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