Mealey's Labor & Employment - Surcharge Not Available To ERISA Plan Participant, Divided 9th Circuit Rules

Mealey's Labor & Employment - Surcharge Not Available To ERISA Plan Participant, Divided 9th Circuit Rules

SAN FRANCISCO - A pension plan participant who challenged the termination of benefits following the plan's rediscovery that he had not met the plan's vesting requirements failed to demonstrate that he was entitled to any equitable remedies available under Employee Retirement Income Security Act Section 502(a)(3), the Ninth Circuit U.S. Court of Appeals ruled June 6 in a divided opinion (Gregory R. Gabriel v. Alaska Electrical Pension Fund, et al., No. 12-35458, 9th Cir.; 2014 U.S. App. LEXIS 10553).

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