7TH CIRCUIT

Circuit does not allow application of the made whole rule where the plan terms specifically disclaim the rule.  Cutting v. Jerome Foods, Inc., 993 F.2d 1293 (7th Cir. 1993). 

In 2000, the Circuit held that plan administrator discretion could not be used, as it was in Cutting, as a basis to render “ordinary” plan language sufficient to disclaim the made whole rule.  Administrative Committee v. Wells, 213 F.3d 398 (7th Cir. 2000).  

A plan must specifically state that “first priority reimbursement is required, even if the member is not made whole or otherwise been fully compensated.”; The made whole rule will apply in the absence of clear contract language providing to the contrary. Sanders v. Scheideler, 816 F.Supp. 1338, affirmed 25 F.3d 1053, (7th Cir. 1994).