Michelle Capezza Quoted in “Supreme Court Ponders Scope of ERISA Plan Recovery Rights”

Thompson's Smart HR Manager

Michelle Capezza, a Member of the Firm in the Employee Benefits and Health Care and Life Sciences practices, in the firm’s New York office, was quoted by Thompson’s Smart HR Manager, in “Supreme Court Ponders Scope of ERISA Plan Recovery Rights,” by Todd Leeuwenburgh.

Following is an excerpt:

The arguments revealed that tracking participant tort litigation and tracing settlement funds remains important for plans, Michelle Capezza, an attorney with Epstein Becker & Green in New York, told the Guide.

Plans should think about procedures they use to track participants’ tort litigation and could result in a fund from which they could be reimbursed. The outcome in this case could influence how plan documents are drafted, she notes. Documents should clearly state subrogation and recovery rights and provisions that are materially consistent in all aspects should appear in summary plan descriptions, she said.