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Last year, the U.S. Supreme Court issued its ruling in US Airways, Inc. v. McCutchen, holding that while equitable doctrines cannot “trump” the terms of an ERISA plan, they can be used to interpret, construe and fill gaps in language where plan terms are ambiguous. The important corollary to that rule, as noted in the McCutchen opinion, is that courts are not permitted to rewrite the terms of an ERISA plan when they are clear, plain and unambiguous.

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