What is the current state of the law in relation to ERISA requirements and guidelines?
California, United States of America
The following excerpt is from Estate of Schaad, E044022 (Cal. App. 12/12/2008), E044022 (Cal. App. 2008):
The parties agree that ERISA requires its plan administrators to comply with and administer plans in accordance with ERISA requirements and guidelines. They also both agree that that ERISA "commands that a plan shall specify the basis on which payments are made to and from the plan." (29 U.S.C. 1102(b)(4).) The fiduciary is required to administer the plan "in accordance with the documents and instruments governing the plan." (29 U.S.C. 1104(a)(1)(D); see also Egelhoff v. Egelhoff (2001) 532 U.S. 141, 147 [121 S.Ct. 1322, 1327-1328, 149 L.Ed.2d 264].)
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