Petition of the day
on May 7, 2014 at 10:13 pm
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).