New ERISA Ruling May Cut Claimants' Timeliness Guesswork
Law360 (February 17, 2021, 5:37 PM EST) -- What is the statute of limitations for filing a lawsuit in relation to benefit claim under the Employee Retirement Income Security Act?
It's a trick question because the ERISA statute does not prescribe a statute of limitations for claims seeking recovery of benefits under Section 502(a)(1)(B) of the act.
Consequently, in determining the timeliness of a benefits suit, courts generally apply the most analogous state limitations period.
However, if the benefit plan contains a contractually defined limitations period that is shorter than the statutorily prescribed limit, the U.S. Supreme Court has directed the contractual period must be followed.
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