May 22, 2019
The conference committee process for amending ERISA goes on. I’ve commented before about my thoughts on attempts to add language to section 502(a)(3) of ERISA to give a leg up for businesses and insurers trying to collect subrogation and reimbursement claims regardless of whether the plan participant has been made whole.
The latest is that the leaders of the conference committee say they will be finished with their work by the Fourth of July. One of the interesting twists on the amendment to eliminate equitable subrogation is the Supreme Court’s decision in Sereboff last month. The increased leverage that decision gave to insurers to pursue repayment of monies paid by ERISA plans from participants does not seem to have slaked insurer’s thirst for a more absolute right to get their money from dollar one regardless of how badly injured and incompletely compensated plan participants are.
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