Petition of the day
The petition of the day is:
Issue: Whether, when an Employee Retirement Income Security Act plan permits the use of retained asset accounts to settle life-insurance claims but leaves discretion to the insurer to determine the interest rates and other features of those accounts, the insurer ceases to act as a fiduciary when it creates the account (as the Second and Third Circuits have held) or its subsequent discretionary acts remain subject to ERISA’s protections (as the First Circuit has held).
Recommended Citation: Maureen Johnston, Petition of the day, SCOTUSblog (May. 7, 2014, 10:13 PM), http://www.scotusblog.com/2014/05/petition-of-the-day-604/