WebAs a matter of technical pleading, if an administrator violated ERISA § 502(c), “a civil action may be brought (1) by a participant or beneficiary (A) for relief provided for in subsection (c) of this section.” In other words, an ERISA § 502(c) claim is properly pled under the cause of action granted under ERISA § 502(a)(1)(A). C. WebERISA § 502 (a) (3) is the catch-all provision, allowing a cause of action by individual participants and beneficiaries, as well as by plan fiduciaries. But the catch-all provision is also limited by the remedies available.
IN THE UNITED STATES DISTRICT COURT OPINION AND ORDER
WebA claim for reimbursement or contribution of such an entity that becomes fixed after the commencement of the case shall be determined, and shall be allowed under subsection … WebDec 31, 2004 · In applying section 1563(a)(1), (2), and (3) of the Code for purposes of determining a controlled group of corporations under section 414(b) of the Code and for purposes of determining trades or businesses (whether or not incorporated) under common control under regulation section 1.414(c)-2 for purposes of section 414(c) of the Code, … thermometer\u0027s et
:: Plaintiff’s Section 502(a)(3) Claim ... - ERISA & Benefit Plans
WebMay 10, 2024 · On April 16, 2013, the U.S. Supreme Court reversed the Third Circuit and held that in a section 502 (a) (3) action based on an equitable lien by agreement, the ERISA plan's terms govern. WebJan 22, 2016 · The plan brought an action under ERISA Section 502(a)(3), which provides in part that an ERISA plan fiduciary may obtain “appropriate equitable relief” to enforce ERISA plan terms. These three words have received perhaps more attention from the Supreme Court than any other provision of ERISA over the past 30 years, with the Court ... WebMar 8, 2024 · For the reasons discussed below, we affirm the district court’s decision rejecting Plaintiffs’ claims under ERISA § 502(a)(1)(B), 29 U.S.C. § 1132(a)(1)(B), and … thermometer\\u0027s eq