Benefits & Executive Comp
August 10th 2021, 8:20 pm
- Calculation of the services no trustee function
- Alleged $ 56,478 overpayment of benefits in dispute
A software consultant suing Aetna Life Insurance Co. for cutting her monthly disability benefits lost her lawsuit after a federal judge ruled that her ERISA fiduciary infringement claim was foreclosed by a recent ninth district opinion.
Irina Morris cannot maintain fiduciary breach claims due to Aetna’s miscalculation and adjustment of her benefit amount because an outside administrator is not acting as a trustee in calculating benefits under the Employee Retirement Income Act, U.S. District Court Judge Stanley Blumenfeld Jr. said for the Central District of California on Monday.
Blumenfeld quoted the U.S. appeals court …
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