RICHMOND, Va. - The Employee Retirement Income Security Act affords a multiemployer welfare plan administrator discretion to determine whether a contribution is made "by a mistake of fact or law," the Fourth Circuit U.S. Court of Appeals ruled Nov. 30 in reversing a federal judge's order requiring the plan to refund to the employer allegedly mistaken contributions (U.S. Foodservice, Inc. v. Truck Drivers & Helpers Local Union No. 355 Health & Welfare Fund, et al., No. 12-1108, 4th Cir.; 2012 U.S. App. LEXIS 24665).