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ERISA: 1st Circuit — Statute of Limitations Bars “Years of Benefit Underpayment” Claims

By Mike Reilly on March 11, 2014
Posted in ERISA

A new lawsuit hits your desk asserting that for the past seven (7) years the ERISA plan has been incorrectly underpaying the beneficiary.

Plaintiff alleges that because the most recent incorrect underpayment occurred just last month, then the statute of limitations does not bar the claim…

BUT isn’t that claim barred by the statute of…

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