The 9th Circuit Court of Appeals has clarified who can sue for unpaid benefits under the Employee Retirement Income Security Act (ERISA).
Recent case: Laura Cyr was terminated from her job as vice president of Channel Technologies. She immediately applied for disability benefits under the company’s long-term disability plan insured by Reliance Standard Life Insurance. Channel, not Reliance, was listed as the plan administrator, but Reliance made benefit decisions.
Cyr got benefits based on the $85,000 per year she had earned.
Then she sued Channel for sex discrimination and negotiated a retroactive raise to $155,000. Cyr then sued Reliance when it refused to increase her benefit. Reliance said it couldn’t be sued because it wasn’t the administrator.
The 9th Circuit Court of Appeals disagreed. It said that because Reliance made the actual benefit decisions, it was the appropriate defendant. (Cyr v. Reliance, No. 07-56869, 9th Cir., 2011)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- When essential duties are at issue, OK to base medical exam on FMLA certification
- Update from Sacramento: 4 new California laws will affect HR
- Acquiring another company? Buyer beware on employee benefits
- Demand English fluency only if it's needed