Mealey's Litigation Procedure - Judge: Pension Plan Amendment Claims Are Untimely, Fiduciary Duty Claim Survives

MADISON, Wis. - A federal judge in Wisconsin ruled July 3 that claims asserted by 11 subclasses of pension plan participants related to the administration and amendment of the plan are time-barred except for the claims that the plan fiduciaries breached their duty to act solely in the interest of participants by concealing the plan's failure to pay required lump-sum distributions (Phyllis Johnson, et al. v. Meriter Health Services Employee Retirement Plan, et al., No. 10-426, W.D. Wis.; 2014 U.S. Dist. LEXIS 91364).

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