Discretionary Authority, Plan Assets Arguments Made In 1st Circuit In ERISA TPA Row

Mealey's (February 15, 2023, 3:23 PM EST) -- BOSTON — In oral argument before the First Circuit U.S. Court of Appeals that featured many questions, the appellants and amicus curiae the U.S. Labor secretary’s office contended that the third-party administrator (TPA) of a self-funded plan was a functional fiduciary under the Employee Retirement Income Security Act, and the TPA contended that it was not....