11th Circuit Says Plan Did Not Have Actual Knowledge Of Employee’s Incompetence

Mealey's (October 12, 2017, 11:32 AM EDT) -- ATLANTA — The 11th Circuit U.S. Court of Appeals on Oct. 10 affirmed a district court’s grant of summary judgment in favor of a retirement plan administrator after determining that the administrator’s refusal to reinstate an employee’s retirement benefits, based on the fact that the employee was found to be incompetent and had a court-appointed conservator, was reasonable because the administrator did not have actual knowledge of the employee’s incompetence  (Michael E. Bauman, by and through Michael E. Sumner, conservator, v. Publix Super Markets, Inc. Employee Stock Ownership Plan et al., No. 17-11709, 11th Cir., 2017 U.S. App. LEXIS 19760)....