371 THE AMERICAN LAW INSTITUTE Continuing Legal Education Pension, Profit-Sharing, Welfare and Other Compensation Plans October 17 - 19, 2012 Washington, D.C. Through a Glass Darkly: Musings About CIGNA Corp. v. Amara and Pfeil v. State Street Bank and Trust Co. By T. David Cowart SNR Denton Dallas, Texas © 2012 by T. David Cowart. All rights reserved. 372 2 373 Through a Glass Darkly: Musings About CIGNA Corp. v. Amara and Pfeil v. State Street Bank and Trust Co. ALI-CLE Pension, Profit-Sharing, Welfare, and Other Compensation Plans Seminar T. David Cowart October 18, 2012 Copyright © 2012 by T. David Cowart. All rights reserved 1 Part One: Lessons Learned from CIGNA Corp. v. Amara 2 14847726v1 1 374 Administrative Impact Many U.S. Supreme Court opinions seem to have little apparent impact on the everyday lives of plans and plan administrators. CIGNA Corp. v. Amara, 563 U.S. __, 131 S. Ct. 1866 (2011) looks to be an exception. Copyright © 2012 by T. David Cowart. All rights reserved 3 Administrative Impact Five potential areas of immediate impact (outside of litigation) are: Plan documents; SPDs; Communications about benefits; Management of a plan; and The in-house benefits communication function. Unlike regulatory and statutory changes, however, the impact of this case will be evolutionary, slower in coming and susceptible to geographic differences. Copyright © 2012 by T. David Cowart. All rights reserved 4 14847726v1 2