ERISA Remedies: Key Enforcement Provisions and Scope of Equitable Relief for Benefit Claims

This CLE course will provide employee benefits counsel with a detailed analysis of the types of remedies available under ERISA for benefit claims. The panel will discuss equitable relief under Section 502(a)(3), other key enforcement provisions under ERISA, the scope of relief, procedural strategies in litigation, and plan terms limiting the availability of equitable remedies.

ERISA litigation remains steady, with benefit claims by plan participants, beneficiaries, and providers. Pursuing or defending benefit claims involves several procedural and substantive tactics along with understanding ERISA provisions governing benefit and equitable claims.

Claims for equitable remedies under ERISA 502(a)(1) and (3) have evolved over the years with an expanded scope of appropriate equitable relief under ERISA. Counsel must understand the remedies and challenges under ERISA's enforcement provisions to develop a plan of action for benefit claims on behalf of a plan participant and beneficiary and to recognize available tactics to defend against such claims.

Counsel must also identify opportunities and potential drawbacks that impact litigation such as standing, preemption, exhaustion of administrative remedies, the statute of limitations, and claims-based limitations defenses. Effective plan design and careful structuring of provisions and processes by administrators can maximize the likelihood of success in litigation.

Listen as our panel provides counsel with best practices for navigating issues in the litigation of benefit claims, available remedies under ERISA, defenses for plan administrators, and recent case law developments in benefits suits relating to remedies under ERISA.