Michael Khalil* and Timothy O'Toole discuss tips for ERISA litigators to improve the administrative process. "The most important thing is to make sure your company has a sound administrative process in place," Khalil and O'Toole said. "Courts are reluctant to second guess them, but a process deemed deficient can place a company in a very uncomfortable position in litigation." The authors outline five tips a company should consider to ensure its administrative process is as fair and defensible as possible. The steps include examining the process for dealing with participant and beneficiary requests, reviewing the procedure for dealing with assignments, reviewing statute of limitations issues, thinking through fiduciary responsibilities and conducting periodic reviews of the administrative process.

*Former Miller & Chevalier attorney