DOL Announces Intent to Review Disability Claims Final
Rules.
The Department of Labor ("DOL") announced its plan to
review the recently finalized rule regarding full and fair review
of disability benefit claims. The DOL submitted a
proposed rule to the Office of Management and Budget that would
either amend or delay the final rule, which adopts certain
protections available to claims for group health plan benefits
under the Affordable Care Act ("ACA").
Seventh Circuit Upholds Plan's Forum Selection Clause.
The Seventh Circuit Court of Appeals recently joined the Sixth
Circuit in deciding that the Employee Retirement Income Security
Act of 1974, as amended ("ERISA") does not prohibit forum
selection clauses in plan documents. A split court decided
that, although ERISA suggests that claims be litigated "where
the plan is administered, where the breach took place, or where a
defendant resides or may be found," a forum selection clause
in a plan document would
