The Circuits Are Split: Does MetLife v. Glenn's "Structural Conflict" Holding Apply When Employee Benefits Are Funded from a Trust?

Subsequent to the Supreme Court's 2008 decision in Metropolitan Life Ins. Co. v. Glenn, federal courts around the country have attempted to reconcile Glenn's primary holding-that a structural conflict of interest exists (and must factor into the review) when an employer "both funds the [employee benefit] plan and evaluates the claims"-with prior circuit court precedent holding that no conflict of interest exists when employee benefits are funded through a trust. This article discusses how the law has developed on this issue, both pre- and post-Glenn, and analyzes how the issue may affect plan sponsors. [ABSTRACT FROM AUTHOR]