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ERISA REMEDIES, WELFARE BENEFITS, AND BAD FAITH: LOSING SIGHT OF THE CATHEDRAL.

Authors :
Stris, Peter K.
Source :
Hofstra Labor & Employment Law Journal. Mar2009, Vol. 26 Issue 2, p387-408. 22p.
Publication Year :
2009

Abstract

The article discusses available remedies in litigation against a welfare plan and its fiduciaries when a litigant has been injured by the wrongful handling of benefits claim under the Employee Retirement Income Security Act (ERISA) of 1974 in the U.S. It mentions that the law allows civil litigation to redress violations as stated in section 502 (a). It talks about potential distortions to substantial expansion of liability, which include a concern that providing excessive remedies will incent beneficiaries and participants to charge illegitimate or questionable claims, and that providing excessive remedies will incent plans to settle these claims.

Details

Language :
English
ISSN :
11893332
Volume :
26
Issue :
2
Database :
Academic Search Index
Journal :
Hofstra Labor & Employment Law Journal
Publication Type :
Academic Journal
Accession number :
53485362