[P]lan sponsors should take the following steps as a result of this litigation.

  1. Inventory all plans, including qualified, nonqualified, health and welfare, and severance plans that are subject to ERISA.
  2. 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.
  3. 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.
  4. 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.