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Retirement Security Law Commons

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Legislation

2014

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Full-Text Articles in Retirement Security Law

A Reflection On Erisa Claims Administration And The Exhaustion Requirement, James A. Wooten Jan 2014

A Reflection On Erisa Claims Administration And The Exhaustion Requirement, James A. Wooten

Journal Articles

This essay, prepared in connection with the Drexel Law Review Symposium, ERISA at 40: What Were They Thinking?, examines ERISA’s regime for administering benefit claims and, in particular, the requirement that participants exhaust their plan’s review procedures before filing suit to recover benefits. Like other key elements of ERISA’s claims regime, the exhaustion requirement is a judicial creation that is not articulated in ERISA’s text. Interestingly, former congressional staffers who attended the Symposium said they assumed participants would be required to exhaust plan review procedures but failed to include such a requirement in the legislation. After ...