improper trustee removal?

[Guest steward]

A trustee was removed and the reason given was that there had always been an executive board member of the union as a trustee. This is not spelled out in the trust agreement. Is this a valid reason to remove a trustee?

[Guest Robin.Wolf]

I'd start by reading the relevant provisions of your Plan document.

[J2D2]

You should also check the collective bargaining agreement.

[Bill Ecklund]

Generally, the Trust Agreement will provide who appoints the union trustees and who appoints the employer trustees. Typically, the union or the President or the Executive Committee of the union will appoint the union trustees. The appointment process is usually governed by the local union’s constitution and bylaws. ERISA basically has no restrictions on appointment or removal of trustees, except that individuals convicted of certain crimes cannot be appointed as trustees. The Labor Department has issued an Opinion Letter (cited in another post) that a trustee may not be appointed for life. Other than that, the appointment process and the removal process is left to the discretion of the appointing party