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Montanile v. Board of Trustees: A New Model for Recovery

DRI: The Newsletter of the Life, Health and Disability Committee

March 18. 2016

Author: Joshua Bachrach

Joshua Bachrach (Partner-Philadelphia) discusses “Montanile v. Board of Trustees: A New Model for Recovery” in the March 18, 2016, issue of DRI’s Newsletter of the Life, Health and Disability Committee. A recent Supreme Court decision has hindered efforts to recover money owed back to ERISA-governed employee benefit plans by their participants. Prior to the decision, most plans assumed that so long as they had a “lien by agreement” they could recover against the participants’ personal assets. In Montanile, the Court placed significant restrictions on a plan’s right of recovery when the funds have been spent. Therefore, benefit plans must consider new ways to preserve their rights.

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