Fiduciary duty and litigation

Anti-assignment clauses and provider standing in ERISA litigation

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Health and Welfare Plans: The power of a plan document is that a plan sponsor gets to decide how the plan operates. A key provision in any plan document is an anti-assignment clause, which provides that participants may not assign their rights to third parties. These clauses are critical in denying standing to providers seeking to sue employer plan sponsors in ERISA litigation.

I have no affiliation with Roberts Disability Law, but this is a great summary of a recent case illustrating that an anti-assignment clause will be respected in court.

Originally posted on LinkedIn, where the discussion and source links live in the comments.

About the author

Chris Vanderwolk is Director of Compliance and Innovation at OneDigital | Kistler Tiffany Benefits General Agency, where he helps brokers and employers navigate the regulatory complexity of employee benefits. An ERISA attorney with more than 19 years in the benefits industry, he specializes in translating what the law actually requires into language people can use.

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