would claim for disability retirement pension, if successful, be paid from plan assets?

[Guest cac1134]

deferred vested plaintiff claims disability pension benefits under ERISA 502(a)(1)(B). defendant plan and plan committee deny entitlement under plan terms. if plaintiff is successful, he would be entitled to present value of earlier commencement date "missed" payments plus difference between dv benefit and disability benefit (if any). would these benefits be payable from the plan or from company assets? thanks for any thoughts.

[TCWalker]

Thoughts, OK - I certainly would think so. There may be liability to the Plan from individuals indemnified by the company, or by the company, but I think the Plan is directly liable for the denied participant claim. If the Plan is injured by a judgment and found at fault, I think the DOL would look to see if any fiduciary duties were breached and may seek a recovery on behalf of the Plan, and I suspect the company picks up the tab.