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| Third Circuit: Multiemployer Plan Had No Duty to Advise Employees of Benefit Change Not Under Serious Consideration (PDF) U.S. Court of Appeals for the Third Circuit, via FindLaw  [Opinion] Aug. 19, 2002 Mushalla v. Teamsters Local No. 863 Pension Fund, No. 01-2879 (3d Cir. Aug. 12, 2002). Excerpt: [T]he administrators of multiemployer plans have no greater duty of clairvoyance than any other ERISA fiduciary.... [W]e hold that [the] "serious consideration" test [of Fischer v. Philadelphia Electric Co.] applies with the same force to multiemployer plans as it does to single employer plans. |
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