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Second Circuit: Union Trustees Not Acting as Fiduciaries When They Passed Invalid Plan Amendments
Roberts Disability Law 
Dec. 2, 2021 "Looking to the terms of the Trust Agreements, the Second Circuit agreed with the district court that the Union Trustees failed to comply with those Agreements.... However, the Second Circuit disagreed with the district court that the Union Trustees were acting in a fiduciary capacity when they passed the amendments because passing procedurally invalid amendments was not a fiduciary function within the meaning of ERISA." [Massaro v. Palladino, No. 20-1807 (2d Cir. Nov. 30, 2021)] |
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