[firm] blog logo

Participant ?Ç£Reasonably Interpreted?Ç¥ Exhaustion Requirement

The United States Court of Appeals for the Second Circuit recently held that a participant was not required to exhaust her administrative remedies when she reasonably interpreted a plan?ÇÖs terms not to require exhaustion of her administrative remedies, and as a result, did not exhaust her remedies. The plaintiff, a participant in the plan, believed that she lost an early retirement subsidy as a result of the plan sponsor?ÇÖs sale of a subsidiary. She sent letters to the benefits department, which did not respond, and received a confusing response when she called. She then received a letter with a pension quote that was lower than her pension quote from five years prior. She then filed a lawsuit. The U.S. federal district court dismissed the plaintiff?ÇÖs lawsuit reasoning she had failed to exhaust her administrative remedies under the plan. The Second Circuit Court of Appeals vacated. The relevant part of the… Continue Reading

February 2013
S M T W T F S
 12
3456789
10111213141516
17181920212223
2425262728  

Archives