Be Careful With Forum Selection Clauses In ERISA Plans

Law360, New York (August 2, 2013, 11:49 AM EDT) -- One of Congress’ many goals in enacting the Employee Retirement Income Security Act of 1974 (ERISA) was to remove jurisdictional and procedural obstacles that hindered plan participants and beneficiaries from pursuing claims for benefits promised to them by their employers. Toward that end, ERISA’s general policy provision states that participants, beneficiaries and fiduciaries should have ready access to federal court to enforce their rights.[1]

Consistent with that policy, ERISA broadly provides that suits may be commenced where the plan is administered, where the breach took place...
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