The story of Melissa Amschwand's losing effort to obtain a remedy for Spherion's breach of fiduciary duty received a bit of front page news coverage yesterday from the Associated Press. Given the large number of people receiving employee benefits that fall under ERISA, tens of millions of folks, this type of miscarriage of justice will happen regularly until Congress or the Supreme Court fixes the statute. I'm not holding my breath for the judicial branch in light of the many opportunities the Supreme Court has passed by culminating with Amschwand's petition for writ of certiorari being denied last month.
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Charles R. Tantillo, Jr. 11/17/2008 01:47 PM
An insurance company recovering funds it paid out in error bacause another party was responsible is very different than a participant not receiving claim benefits that they are not entitled to and getting a premium refund instead. It is disengenuous at best to suggest that the two are comparable and that therefore Amschwand is somehow unfair. The real issue here is tha failure of the employer to ensure continiuity of benefits on a "no loss / no gain" basis when they changed carriers.
xs 11/17/2008 01:47 PM
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