James LaRue v. DeWolff, Boberg & Associates, Inc., et al.
Employee Retirement Income Security Act (ERISA), Fiduciary Breaches, Defined Contribution Plans, Labor & Employment Law
Section 502(a)(2) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1132(a)(2), provides that a "civil action may be brought * * * by a participant * * * for appropriate relief under section 1109 of this title." 29 U.S.C. 1109 states that "a fiduciary with respect to a plan who breaches any * * * duties imposed upon fiduciaries * * * shall be personally liable to make good to such plan any losses to the plan resulting from each such breach."
Section 502(a)(3) of ERISA, 29 U.S.C. 1132(a)(3), provides that a "civil action may be brought * * * by a participant * * * to obtain other appropriate equitable relief * * * to redress * * * violations" of the statute.
Peter K. Stris
Whittier Law School
Costa Mesa, CA
To view PDF files listed on this page you will need Adobe Acrobat Reader