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Text of DOL Amicus Brief In Re Schering-Plough Corporation ERISA Litigation
Office of the Solicitor, U.S. Department of Labor [DOL]
Nov. 10, 2004
Excerpt: STATEMENT OF ISSUE: Whether participants in a defined contribution pension plan have standing to sue plan fiduciaries under sections 409(a) and 502(a)(2) of the Employee Retirement Income Security Act ('ERISA'), 29 U.S.C. §§ 1109(a) and 1132(a)(2), to recover losses sustained by the plan as a result of fiduciary breaches, where such losses will be allocated to individual accounts within the defined contribution plan.
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