an beneficiaries are often unsophisticated and unfamiliar with the future implications of giving the administrator discretion. Therefore, administrators should be required to clearly state exactly how much discretion they have, and as to what extent their discretion will control the claims made by plan beneficiaries. Through my limited experience working within ERISA’s laws, and reading case law discussing ERISA, I do not think that the true intention of ERISA is fulfilled when the law is construed to protect employers and administrators. Some argue that plan beneficiaries have the right to choose a plan and if they buy into a benefit plan which gives the administrator the power to interpret the plan and it’s terms, that is the beneficiary’s choice. I completely disagree. I contend that a vast majority of employee/beneficiaries never read the provisions of the plan, and would not understand the plan’s implications even if they had read the provisions. ERISA was intended to secure and protect an employee’s rights and benefits for the employee’s future use. Under the current standard of review, as strictly applied from the Brunch decision, the court system is not protecting the interest that ERISA was designed to safeguard. ...
