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What Remedies Are Available Under ERISA When a Plan Participant Spends the Settlement Proceeds in a Subrogation Case?
On Jan. 20, 2016, the United States Supreme Court rendered its decision, in an 8-1 vote, in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, an Eleventh Circuit case in which an ERISA health plan sought to recover medical benefits paid to an injured participant after that participant's personal injury settlement funds had already been spent.
The Supreme Court held that “when a participant dissipates the whole settlement on nontraceable items [such as services or food], the fiduciary cannot bring a suit to attach the participant's general assets under '502(a)(3) [of ERISA] because the suit is not one for 'appropriate equitable relief.'” See Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, 577 U.S., ___ No. 14-723, slip op. at 2 (Sup. Ct. Jan. 20, 2016).
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