Monthly Archives: February, 2013

From Roger Baron: Penalties may be assessed from non-production of ASA, Request by Counsel for participant upon counsel for Plan authorized under ERISA

Reprinted with Permission from Roger Baron

In Grant v. Eaton, S.D.Miss, Civil Action No. 3:10CV164TSL-FKB, handed down 2/6/13, the Court held that, depending upon the context of the dispute, an Administrative Services Agreement between a plan and a claims administrator may fall within the purview of a document request under ERISA 29 U.S.C. §1024(b)(4), with non-compliance subject to the penalty assessment authorized under ERISA 29 U.S.C. § 1132(c).

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