United States Third Circuit

In the context of ERISA section 104(b)(4), which requires that plan administrators furnish certain documents to participants upon request, the circuit agrees that the clear notice test applies to such requests. However, a request for documents is not per se inadequate because it fails to specifically name the documents sought. Instead, under the test, the request must provide the necessary clear notice to a reasonable plan administrator of the documents which, given the context of the request, should be provided.

Appellate Information

• Decided 05/14/2007
• Published 05/14/2007

Judges

Court

• United States Third Circuit

Counsel