Summary of ERISA Case Law on Conflicts Between SPD and Plan Language

As I get ready to begin teaching employee benefits law this semester, one of the first topics that we discuss is reporting and disclosure requirements for employer-provided employee benefit plans.  And within that topic, is the sub-topic of what language controls if there is a conflict between the plan language and the language in the summary plan description (SPD). And finally and even more specific question is whether a claimant must rely on the conflicting language to his or her detriment in order to have a successful claim based on the SPD language.

Roy Harmon at the Health Plan Law Blog has a helpful and very comprehensive summary of circuit case law just on this topic.  Consensus: none; there is a split among the circuit about whether actual reliance on SPD language is necessary.

PS