[P]lan sponsors should take the following steps as a result of this litigation.
- Inventory all plans, including qualified, nonqualified, health and welfare, and severance plans that are subject to ERISA.
- Review these plans to make sure that they have language that provides the plan administrator with authority to interpret the plans and resolve ambiguities, consistent with Firestone.
- Ensure that these plans have appropriate claims procedures. If the plans provide benefits upon a determination of disability, make sure that the plans comply with the most recent claims procedure regulations from the DOL.
- Document compliance with the claims procedures and take steps to avoid conflicts of interest in order to help ensure a favorable arbitrary and capricious standard of review rather than a de novostandard of review.”
More information is available at porter wright.