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Olivar v. Public Service Employee Credit Union Long Term Disability Plan

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-1543 Colo. TBD TBD TBD TBD TBD

Issues: (1) Whether a benefit plan subject to the Employee Retirement Income Security Act, as an entity, is always a proper defendant in an action to recover benefits pursuant to 29 U.S.C. § 1132(a)(1)(B), as held by the U.S. Court of Appeals for the 2nd Circuit, New Mexico Court of Appeals and others, or is an ERISA plan sometimes not a proper defendant as held here by the Colorado Supreme Court and the U.S. Court of Appeals for the 11th Circuit; and (2) whether service of process on the Secretary of Labor is proper under 29 U.S.C. § 1132(d)(1) when a summary plan description designates a corporation for service given that ERISA differentiates between an “individual” and a “person” — specifically defining only the term “person” to include corporations.

SCOTUSblog Coverage

DateProceedings and Orders
May 11 2018Petition for a writ of certiorari filed. (Response due June 14, 2018)
Jun 06 2018Waiver of right of respondents Public Service Employee Credit Union Long Term Disability Plan, et al. to respond filed.
Jun 13 2018DISTRIBUTED for Conference of 9/24/2018.
Jun 25 2018Response Requested. (Due July 25, 2018)
Term Snapshot