[Download] "Labor and Employment Law - a Deferential Standard for Administrators Within a Statute Meant to Protect Workers." by Suffolk University Law Review # eBook PDF Kindle ePub Free

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eBook details

• Title: Labor and Employment Law - a Deferential Standard for Administrators Within a Statute Meant to Protect Workers.
• Author : Suffolk University Law Review
• Release Date : January 22, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 276 KB

Description

Labor and Employment Law--A Deferential Standard for Administrators Within a Statute Meant to Protect Workers--Bard v. Boston Shipping Association, 471 F.3d 229 (1st Cir. 2006) The Employee Retirement Income Security Act (ERISA) was enacted in 1974 to protect the millions of Americans affected by employer-funded pension plans. (1) The denial of pension and disability benefits to employees by plan administrators has provided fertile ground for litigation, and the courts have struggled to protect participant rights while giving deference to decisions made by pension plan administrators. (2) In Bard v. Boston Shipping Association, (3) the First Circuit Court of Appeals considered whether administrators, running a multi-employer pension plan, abused its discretion by denying an employee's benefit application. (4) Although the administrators had discretion to determine participants' eligibility for benefits, the court determined that they violated ERISA's procedural requirements with regard to notice of denial and appeal. (5)

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