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ERISA – 9th Circuit: Self-Funded ERISA Plans, And Employee-Paid Supplemental Benefits: Can The Abuse Of Discretion Standard Apply, Even When State Law Bans It? - Employment and HR
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Can ERISA plan participants be denied their day in court? Title 1 of ERISA allows participants to sue fiduciaries who breach their fiduciary duties. The permissible venues, the statutes of limitations for claims and available remedies to apply in “civil actions” are set out. However, courts have increasingly held that plan sponsors may impose contractual restrictions of the exercise of those ERISA rights. The Supreme Court has held that plans may contractually shorten the period participants have to raise claims, and provisions requiring participants to bring suit in a particular place-such as where the plan is administered- have been upheld.
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