I
110th CONGRESS
1st Session
H. R. 2622
IN THE HOUSE OF REPRESENTATIVES
June 7, 2007
Mrs. McCarthy of New York introduced the following bill; which was referred to the Committee on Education and Labor
A BILL
To amend title I of the Employee Retirement Income Security Act of 1974 to require de novo review of claims determinations made by employee benefit plans.
Short title
This Act may be cited as the
Equality for Workers under ERISA Act
of 2007
.
De novo review of claims determinations by employee benefit plans
In general
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:
Any action commenced under subsection (a)(1)(B) shall be adjudicated as a de novo proceeding without deference to any claim determination made prior to the commencement of such action.
.
Effective date
The amendment made by subsection (a) shall apply with respect to claim determinations made by plans on or after the date of the enactment of this Act.