Ninth Circuit decisions focus on role of courts in reviewing plan administrators' decisions

Article Abstract:

The US Court of Appeals for the Ninth Circuit identified in two disability benefits plan cases the steps that district courts should take to review decisions made by benefits plan administrators. In Saffle v. Sierra Pacific Power Co., the administrator's erroneous interpretation of the plan could be resolved by the court providing the correct interpretation and remanding back to the administrator. In Snow v. Standard Insurance Co., the arbitrary and capricious standard could be applied to erroneous findings of fact, and the district court could rule on the matter without remand.

Standards, Management, Judicial review of administrative acts, Fiduciary duties

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Exhaustion of administrative remedies under qualified plan not required where plaintiff seeks to enforce statutory protections

Article Abstract:

The US District Court for the District of Columbia ruled in Greer v. Graphic Communications International Union Officers, Representatives & Organizers Retirement Fund & Plan that exhaustion of administrative remedies was not required when statutory interpretation was at issue. The issue was whether a violation of the Employee Retirement Income Security Act had occurred when qualified plan benefits were reduced. Exhaustion of administrative remedies would only be required if interpretation of the terms of the plan was at issue.

Laws, regulations and rules, Exhaustion of administrative remedies

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Cash balance plan participants petition Tax Court to disqualify plan pursuant to their right as interested parties to comment on pending determination letter application

Article Abstract:

Employee defined benefit plan participants requested in Seidlitz v. Commissioners that the Tax Court declare that their plan had become ERISA disqualified after their employer converted the plan into a cash balance plan. A claimed violation of IRC section 411(b)(1) was the source of the complaint. The granting of relief would likely deny the employer the right to amend in accordance with IRS voluntary correction procedures.

United States, Employee benefits, Defined benefit plans

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