Made Whole Rule
5TH CIRCUIT
Does not allow application of the made whole rule as long as the plan provides for “full reimbursement,” “100% reimbursement,” or “reimbursement to the extent of benefits paid,” or similar language. Sunbeam-Oster, Inc. v. Whitehurst, 102 F.3d 1368 (5th Cir. 1996)
Language in an ERISA plan providing for recovery of “any and all”payment made by it means the plan is entitled to recover from the first dollar recieved by the plan member, even if there is not full compensation. Walker v. Wal-Mart Stores, Inc., 159 F.3d 938, (5th Cir. 1998)
