Featured Topics
Retirement Industry
Magazine Archive
Education/Advice
Where Do you Go for Financial Advice?
The 2nd Circuit concluded that the Supreme Court made it clear that employers and plan sponsors do not act in a fiduciary capacity when they modify, adopt or amend plans, and nothing in the Supreme Court’s decisions or ERISA itself creates an exemption for multi-employer pension plans.” The lawsuit was brought on behalf of the former participants and beneficiaries of the former Niagara-Genesee & Vicinity Carpenters Local 280 Pension and Welfare Funds seeking to recover assets they assert were wrongfully depleted by the trustees via plan amendments in violation of their fiduciary duties. The 2nd Circuit remanded the case for further proceedings. The opinion in Janese v. Fay is here.
The 2nd Circuit concluded that the Supreme Court made it clear that employers and plan sponsors do not act in a fiduciary capacity when they modify, adopt or amend plans, and nothing in the Supreme Court’s decisions or ERISA itself creates an exemption for multi-employer pension plans.”
The lawsuit was brought on behalf of the former participants and beneficiaries of the former Niagara-Genesee & Vicinity Carpenters Local 280 Pension and Welfare Funds seeking to recover assets they assert were wrongfully depleted by the trustees via plan amendments in violation of their fiduciary duties.
The 2nd Circuit remanded the case for further proceedings.
Rebecca Mooreeditors@plansponsor.com