9th Circ. Kicks Participation Burdens To ERISA Plan Managers

Law360, New York (April 22, 2016, 4:38 PM EDT) -- Applicants for Employee Retirement Income Security Act plans who preliminarily establish they are entitled to benefits should not be tasked with the potentially “Kafkaesque” burden of proving their former employers participate in the plans, the Ninth Circuit said Thursday in a published opinion that also cited a 1977 Charlie Brown cartoon.

Entities such as plan administrators, reviewing committees and the pension plans themselves are in a much better position to discern whether, decades of corporate restructurings later, retired employees are still eligible for benefits promised to...
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Case Information

Case Title

Estate of Bruce Barton v. ADT Security Services Pension, et al


Case Number

13-56379

Court

Appellate - 9th Circuit

Nature of Suit

3791 Employee Retirement

Date Filed

August 8, 2013

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