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Text of Council/ERIC Amicus Brief in Milofsky v. American Airlines (PDF)
The ERISA Industry Committee [ERIC] and American Benefits Council 
[Opinion] Oct. 20, 2005 30 pages. Excerpt: The last few years have seen a tremendous increase inlitigation against ERISA plan fiduciaries premised on ERISA Sections 409(a) and 502(a)(2), which establish a fiduciary's duties to a plan and provide a cause of action for breach thereof. As Supreme Court precedent makes clear, these statutuory sections encompass only suits brought on behalf of the plan as a whole, and not those seeking individualized relief. MORE >> |
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