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››9th Cir. Says the plan can invoke the self-help provision in the event of a reversal

9th Cir. Says the plan can invoke the self-help provision in the event of a reversal

By Lisa Small
July 25, 2022
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By Abby Wargo (July 25, 2022, 7:53 p.m. EDT) — On Monday, the Ninth Circuit sided with a movie industry health plan that challenged the victory of a retiree and his daughter who sued after their benefits were cut, reversing their victory in the lower court and ruling that the ability to recoup payments was built into the plan.

A three-judge panel in an opinion released Monday sided with the film industry health plan, saying it did not violate the Employee Retirement Income Security Act by invoking a provision “self-help” to limit benefit payments to Norman Mull and his daughter.

The panel overturned the Mulls’ 2020 win and returned…

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