RICHMOND, Va. - Surcharge and equitable estoppel are available as potential remedies under Section 502(a)(3) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C.S. § 1001, to a plan participant who alleges that a plan fiduciary breached its fiduciary duties by withholding premiums for coverage that was not available to the participant under the plan's terms, the Fourth Circuit U.S. Court of Appeals ruled July 5 on rehearing and in light of CIGNA Corp. v. Amara (131 S.Ct. 1866 (2011). (Debbie McCravy v. Metropolitan Life Insurance Company, Nos. 10-1074, 10-1131, 4th Cir.; 2012 U.S. App. LEXIS 13683).