Sixth Circuit Allows Plan to Restrict Where Lawsuits Can Be Filed

The Sixth Circuit Court of Appeals recently held that a plan document can limit where participants can file suit. In Smith v. Aegon Companies Pension Plan, the participant retired in 2000 and began to receive benefits under the plan. In 2007, the company amended the plan to include a venue provision that required lawsuits to be brought in the District Court in Cedar Rapids, Iowa (where the plan administrator was located). In 2011, the plan notified the participant that they had been overpaying him and would eliminate his benefits until the overpayment was recouped. After his appeal to the plan fiduciaries was denied, the participant filed suit in Kentucky. The District Court concluded that the plan’s venue provision was enforceable and dismissed the case.

The court’s decision is available here.
ERIC members and trial members can read more here.