A bill to amend the Employee Retirement Income Security Act of 1974 to facilitate recovery, in civil actions brought by participants and beneficiaries under employee benefit plans, of benefits wrongfully denied them under such plans, and to provide for recovery by such participants and beneficiaries of a reasonable attorney's fee and costs of the action in all cases in which such denials are arbitrary or capricious.

Summary

Amends the Employee Retirement Income Security Act of 1974 to revise provisions relating to civil actions brought by employee benefit plan participants and beneficiaries to recover benefits due under the terms of a plan. Directs the court to examine the administrator's denial of benefits de novo and without any presumption as to the correctness of the denial. Permits the participant or beneficiary to recover such benefits by proving, by a preponderance of the evidence, that the administrator erred in denying such benefits. Permits the participant or beneficiary to recover a reasonable attorney's fee and costs of such action from the Administrator if the Administrator or the Administrator's agent is found to have wrongfully denied such benefits in an arbitrary and capricious manner.

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1 official file

• Introduced in House

  summary · EN · 7 February 1983

  Open at official source

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