United States:
US Supreme Court To Consider ERISA’s Tracing Requirements
31 March 2015
Proskauer Rose LLP
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On March 30, the U.S. Supreme Court announced it would review
Bd. of Trustees of Nat. Elevator Indus. Health Ben. Plan v.
Montanile, 593 F. App’x 903 (11th Cir. 2014). As
discussed
here, at issue in the case is whether an ERISA fiduciary of a
health benefit plan, who alleges that a beneficiary was overpaid
benefits, can enforce an equitable lien under ERISA §
502(a)(3) without identifying that the particular fund is within
possession and control of the beneficiary.
US Supreme Court To Consider ERISA's Tracing
Requirements
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