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.
|Date||Proceedings and Orders|
|May 11 2018||Petition for a writ of certiorari filed. (Response due June 14, 2018)|
|Jun 06 2018||Waiver of right of respondents Public Service Employee Credit Union Long Term Disability Plan, et al. to respond filed.|
|Jun 13 2018||DISTRIBUTED for Conference of 9/24/2018.|
|Jun 25 2018||Response Requested. (Due July 25, 2018)|
|Jul 25 2018||Brief of respondents Public Service Employee Credit Union Long Term Disability Plan, et al. in opposition filed.|
|Aug 08 2018||DISTRIBUTED for Conference of 9/24/2018.|