Penalty Was Correctly Assessed But Must Be Recalculated, Panel Says

Mealey's (July 27, 2016, 1:37 PM EDT) -- SAN FRANCISCO — A district court did not err in assessing a statutory penalty against a disability plan administrator for failing to provide a requested plan document within 30 days, but the district court must recalculate the penalty to assess the penalty based solely on the failure to timely produce the plan document, the Ninth Circuit U.S. Court of Appeals said July 25 (Curtis F. Lee v. ING Groep, N.V., et al., No. 14-15848, 9th Cir.; 2016 U.S. App. LEXIS 13489).

(Opinion available. Document #17-160808-022Z.)...
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