For purposes of this paragraph, each violation described in subparagraph (A) with respect to any single participant, and each violation described in subparagraph (B) with respect to any single participant or …

It is often difficult to distinguish between claims under § 502 (a) (1) (B) and § 502 (a) (3) on the basis of the relief sought. While the legal basis for granting the relief is different, in the end, the relief sought …

Under ERISA, a claim under § 502(a)(1)(B) may be brought by either a plan participant or a beneficiary. The proper defendant in an action under § 502(a)(1)(B) is the plan.

Jan 15, 2021 · ERISA does not require an employer to establish a pension plan. It only requires that those who establish plans must meet certain minimum standards.

One of the more difficult Employee Retirement Income Security Act (ERISA) issues arises upon judicial review of a decision made by a plan administrator with a conflict of interest.

Dec 16, 2025 · For claims seeking benefits under Section 502 (a) (1) (B), the primary remedy is recovery of the benefits due, involving payment for money or services the plan should have provided. This …

ERISA Statute 28 U.S.C. Section 1132 (also known as ERISA Section 502) imposes civil penalties for statutory violations. This guide covers everything employers and plan managers need to know about …

Sep 13, 2017 · ERISA has no statute of limitations for a participant lawsuit under ERISA Section 502 (a) (1) (B) to recover plan benefits. Instead a federal court will apply the most analogous statute of …

Following the U.S. Supreme Court’s decision in CIGNA Corp. v. Amara, 563 U.S. 421 (2011), courts are being forced to reconsider a long-standing rejection of simultaneous pleading of Section 502 (a) (1) …

Nov 8, 2018 · The court concluded that claims that assert “problematic claims procedures” can be brought under ERISA § 502 (a) (1) (B), and, therefore, it affirmed the district court’s dismissal of …