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| Erin Ronstadt

Ninth Circuit Clarifies ERISA Structural Conflict

The Ninth Circuit has recently found that, when a plan sponsor properly grants discretion to a plan administrator separate from the plan’s funding source, there is no structural conflict of interest when the administrator merely “consults with” the plan sponsor. Moving forward, it will be important to factually establish that the administrator was actually influenced by its consultation with the plan sponsor (assuming that there was, in fact, a proper delegation of authority). Read more about Day v. AT&T Income Disability Plan here. Contact our firm for more information about structural conflicts in ERISA cases.

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