Connection lost
Server error
The difference between ordinary and extraordinary is practice.
✨ Enjoy an ad-free experience with LSD+
Legal Definitions - Atwood doctrine
A lawyer is a person who writes a 10,000-word document and calls it a 'brief'.
✨ Enjoy an ad-free experience with LSD+
Definition of Atwood doctrine
The Atwood doctrine is a principle that applies to Employee Retirement Income Security Act (ERISA) plans. It states that if there is a conflict between the plan and its summary-plan description regarding the circumstances under which benefits may be denied, the summary-plan description controls.
For example, if an ERISA plan states that an employee must work for a company for five years to be eligible for retirement benefits, but the summary-plan description states that an employee only needs to work for three years, the summary-plan description would control.
The Atwood doctrine was established in the case of Atwood v. Newmont Gold Co., where the Ninth Circuit Court of Appeals ruled that the summary-plan description takes precedence over the plan itself in cases of conflict. This principle is also codified in 29 USCA § 1022.
The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
✨ Enjoy an ad-free experience with LSD+
Simple Definition
The Atwood doctrine is a rule that says if there is a conflict between an employee benefit plan and its summary-plan description about when benefits can be denied, the summary-plan description is the one that controls. This means that if the two documents say different things, the summary-plan description is the one that should be followed.
Make crime pay. Become a lawyer.
✨ Enjoy an ad-free experience with LSD+