Divided 3rd Circuit: ERISA Plan Reasonably Interpreted Offset Provision

PHILADELPHIA - The administrator of a disability plan governed by the Employee Retirement Income Security Act did not abuse its discretion by determining that the benefits paid to a participant under another policy could be used to offset the benefits paid by the ERISA (Employee Retirement Income Security Act, 29 U.S.C.S. § 1001 et seq.)  plan, the Third Circuit U.S. Court of Appeals affirmed May 17 in a 2-1 opinion (Robert Fleisher, D.M.D. v. Standard Insurance Company, No. 11-2490, 3rd Cir.; 2012 U.S. App. LEXIS 9907).

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