House GOP wants reimbursement right added to pension bill
A recent article posted on Marketwatch details a push by House republicans to add a provision to the current pension bill that would guarantee insurers a right to seek reimbursement based on an insured's recovery from a third party. As we have previosly discussed on this blog, this issue came to the forefront of debate following the United State Supreme Court's 2002 decision in Great West v. Knduson. In Knudson, the Court interpreted the civil enforcement provision of ERISA as only allowing insurers to seek reimbursement through equitable remedies. Subsequent lower court cases have diverged with regard to what reimbursement vehicles remain available under Knudson.
The progress of the House GOP proposal will be an important story to follow.