Show simple item record Zanglein, Jayne Elizabeth 2010-03-18T15:38:58Z 2010-03-18T15:38:58Z 1993
dc.identifier.citation 24 Tex. Tech L. Rev. 587 en_US
dc.description.abstract This term, the Fifth Circuit considered several cases of first impression. In Hicks v. Fleming Cos., the court formulated a standard to determine when a document qualifies as a summary plan description. In McClure v. Zoecon, Inc., the Fifth Circuit held that an action under the Employee Retirement Income Security Act ("ERISA") section 510 is subject to a two year statute of limitations. In Pierre v. Connecticut General Life Insurance Co., the court held that the arbitrary and capricious standard of review applies to factual determinations made by a plan administrator, even when the plan does not grant discretionary authority to the administrator. Finally, in Jamail, Inc. v. Carpenters District Council, the court held that an employer has no standing to sue under section 5026 to recover overpaid contributions to a multi-employer plan, but can recover based on the common law right of restitution. Other cases decided this term focused on issues such as oral modification of ERISA-governed plans, preemption, multiple employer welfare arrangements ("MEWAs"), and calculation of benefits. Perhaps the most significant case decided this term is McGann v. H & H Music Co., in which the Fifth Circuit held that an employer may reduce medical benefits for specific diseases, such as acquired immune deficiency syndrome ("AIDS"), without violating ERISA section 510. This survey article will discuss some of the most significant employee benefits cases decided this term. en_US
dc.language.iso en_US en_US
dc.publisher Texas Tech Law Review
dc.subject Employee benefits en_US
dc.subject ERISA en_US
dc.title Employee Benefits Law en_US
dc.type Article en_US

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