[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4406 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4406

To amend title I of the Employee Retirement Income Security Act of 1974 
   to provide that any participant or beneficiary under an employee 
 benefit plan shall be entitled to de novo review in court of benefit 
                    determinations under such plan.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 5, 1998

  Mr. Filner introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend title I of the Employee Retirement Income Security Act of 1974 
   to provide that any participant or beneficiary under an employee 
 benefit plan shall be entitled to de novo review in court of benefit 
                    determinations under such plan.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DE NOVO REVIEW OF BENEFIT DETERMINATIONS.

    Section 502(e) of the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1132(e)) is amended by adding at the end the following 
new paragraph:
    ``(3) Notwithstanding any provision by the plan for the exercise by 
a fidiciary of discretionary authority with respect to any benefit 
determination, any benefit determination under the plan shall be 
subject to de novo review by the court.''.

SEC. 2. EFFECTIVE DATE.

    The amendment made by section 1 of this Act shall apply with 
respect to causes of action arising after the date of the enactment of 
this Act.
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