Recent U.S. Supreme Court cases confirm the sanctity of the plan document, according to one industry attorney, and this evidence should motivate benefit advisers to ensure their clients plans are ironclad.
The Supreme Court in two 2013 cases addressing equitable relief (US Airways v. McCutchen) and contractual limitations (Heimeshoff v. Hartford Life and Accident Insurance) decided in favor of enforcing terms expressed in plan documents, a signal to employers that the plan document is king, says Neal Schelberg, a partner with Proskauer Rose LLP.
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