Second Circuit -- Faber v. Metropolitan Life Insurance Company

Faber v. Metropolitan Life Insurance Company

Whether ERISA awards in the form of accounts with the plan administrator violate the administrator's obligation to act solely in the interest of the beneficiary, given the interest earned by the administrator.

Plaintiff meets looser ERISA statutory standing requirements (no personal injury).


Skidmore deference to DOL interpretation that the assets are no longer plan assets.


The administrator's duty is discharged by the creation of the account.