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- Title
Defining the Parameters: When an ERISA Summary Plan Description Trumps the Corresponding Plan Document.
- Authors
Bosau, Megan Rose
- Abstract
The article reveals that all employer-provided health care and welfare benefit programs fall under the federal law Employee Retirement Income Security Act of 1974 (ERISA). Per ERISA, plan documents which detail the summary of benefits and a summary plan description (SPD) are furnished each participant. It is noted that conflicts arise when there is ambiguity between the two documents. A higher authority like the U.S. Congress or the U.S. Supreme Court is recommended to settle this dispute.
- Subjects
UNITED States; MEDICAL care; RETIREMENT income laws; ANNUITIES; EMPLOYEE benefits
- Publication
DePaul Business & Commercial Law Journal, 2009, Vol 7, Issue 3, p521
- ISSN
1542-2763
- Publication type
Article