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ERISA Plan Must be Enforced as Written  




When Anthony Hayes' employment ended, so did his employer-provided life  insurance. Hayes then missed the deadline to convert his coverage to an  individual policy. After Hayes died, his surviving spouse filed suit  seeking relief under a provision of the Employee Retirement Income  Security Act allowing "a participant or beneficiary" of an employee  benefit plan "to recover benefits due" "under the terms of [the] plan."  


In Kathy Hayes v. Prudential Insurance Company Of America, No. 21-2406,  United States Court of Appeals, Fourth Circuit (February 23, 2023) Ms.  Hayes sought benefits under an employee life insurance policy based on  equity - that the decedent was too ill to convert his employee life  policy to a personal policy even though he did not comply with the  requirement of the ERISA plan.  FACTS  Hayes worked as an environmental engineer for DSM North America, Inc.,  and had an employer-provided life insurance policy with defendant  Prudential Insurance Company. Prudential was both the insurer and the  administrator of the employer-provided benefit plan. The plan gave  Prudential "the sole discretion to interpret [the plan's] terms . . .  and to determine eligibility for benefits."