Does a defined benefit plan participant have standing to sue their fiduciary?

MultiRegion, United States of America

The following excerpt is from Rivera v. Miller, 956 F.2d 1167 (9th Cir. 1992):

In Murdock, we held that, even though plan participants had received their defined benefits, they still had standing to sue when the plan fiduciary violated the duty of loyalty by putting plan assets at risk, engaging in self dealing, and amending the plan so that any ill-gotten profits would be distributed to him. 861 F.2d at 1418. Murdock is an exception to the rule that plan participants have no standing to seek monetary damages after they have received their defined benefits. Kuntz v. Reese, 785 F.2d 1410, 1411-12 (9th Cir.), cert. denied, 479 U.S. 916 (1986).

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