In Burrell v. Prudential Ins. Co. of America, — F.3d –, 2016 WL 1426092 (5th Cir. Apr. 11, 2016), plaintiff argued that the plan did not give discretionary authority to Prudential, because the plan merely defined “Claim Fiduciary” as the person or entity “designated in the Plan (including the Summary Plan Description, Insurance Contracts or appendices, which are part of the plan) … to have discretionary authority[.]” The SPD designated Prudential as the Claim Fiduciary, and plaintiff argued that a grant of discretion in the SPD is insufficient. The Fifth Circuit rejected that argument, holding that the terms of an SPD can control if the SPD is incorporated into the plan, and it clearly was here.