The U.S. Supreme Court announced June 28 that it will take up next term the issue of whether pension plan participants must show that they were “likely harmed” by a deficient summary plan description before they will be entitled to recover plan benefits as set out in the SPD (CIGNA Corp. v. Amara).

The certiorari grant comes one month after Acting Solicitor General Neal Kumar Katyal filed a brief with the high court, urging it to turn away two certiorari petitions filed by CIGNA Corp. and participants in CIGNA’s cash balance pension plan (105 DLR A-12, 6/3/10