United States:
Using Administrative Exhaustion As A Defense To Statutory ERISA Claims
07 April 2017
Seyfarth Shaw LLP
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Ronald Kramer and Michael Stevens authored "Using
administrative exhaustion as a defense to statutory ERISA
claims," an article on March 30 in Employee Benefit
Adviser. The article discusses a recent decision where the
Sixth Circuit joined six other circuit courts in holding that ERISA
claims that seek vindication of statutory ERISA rights pertaining
to the legality of a plan amendment, as opposed to an
interpretation of the plan, are not subject to administrative
exhaustion requirements.
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