ERISA Plan's Reimbursement Action Seeks Equitable Relief, Federal Judge Rules

ERISA Plan's Reimbursement Action Seeks Equitable Relief, Federal Judge Rules

CHICAGO - A disability plan administrator may maintain a reimbursement action under the Employee Retirement Income Security Act against a plan participant based on the participant's retroactive receipt of Social Security disability benefits, even though the participant did not possess the funds, and the action was not barred by the doctrine of unclean hands, a federal judge in Illinois ruled July 1 (Kristen O'Brien-Shure v. U.S. Laboratories, Inc. Health & Welfare Benefit Plan, et al., No. 12 C 6101, N.D. Ill.; 2013 U.S. Dist. LEXIS 91692).

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