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| Text of DOL Amicus Brief in 5th Circuit Standing-to-Sue Case Alleging Fiduciary Breach Under DC Plan (PDF) U.S. Department of Labor, Office of the Solicitor  Mar. 31, 2004 33 pages; Milofsky v. American Airlines. Excerpt: Statement of the Issues: 1. Whether participants in individual account pension plans have standing to sue plan fiduciaries under section 502(a)(2) of [ERISA] for relief to the plan when the alleged violations affected some, but not all, of the plan participants' accounts. 2. Whether participants are required to exhaust internal plan remedies before bringing suit to recover losses resulting from fidicuary breaches under section 502(a)(2) ... |
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