What is the standard of review under a pension plan?

MultiRegion, United States of America

The following excerpt is from BRETTELLE v. Life Ins. Co. of North America, 691 F. Supp.2d 1249 (S.D. Cal. 2010):

The parties agree that the standard of review is de novo. Under a de novo standard of review, the court looks to the terms of the plan and the evidence presented in the administrative record to determine whether a plaintiffs claim is covered under the policy. Opeta v. Northwest Airlines Pension Plan, 484 F.3d 1211, 1217 (9th Cir.2007). The parties generally agree that the administrative record before the court is fully developed such that no additional evidence is necessary to conduct an adequate review of the record.

Other Questions


What is the legal test for a pension plan where both the employer and the employee contribute as a sole contributor to the pension plan? (Canada (Federal), Canada)
What is the standard of review for a pension plan administrator to deny benefits? (MultiRegion, United States of America)
What is the standard of review of a pension plan administrator's decisions? (MultiRegion, United States of America)
Can a decision maker such as the Immigration Officer on an application for permanent residents in Canada be reviewed on a higher standard of review of patent unreasonableness? (Canada (Federal), Canada)
What is the applicable standard of review and what is the deference required to review? (Canada (Federal), Canada)
What is the standard of review applicable to review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
What is the standard of review applicable to a judicial review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
When a pensioner requests a reassessment because a pensionable condition has deteriorated, is it properly said to be making an application for a new pension? (Canada (Federal), Canada)
Does the presumption of reasonableness review automatically engage with correctness standards of review? (Canada (Federal), Canada)
What is the standard of review in the context of a judicial review? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.