Petition of the day

Thepetition of the dayis:

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 ERISAs protections (as the First Circuit has held).