What is the test for a plaintiff to bring a claim under section 502(a)(3) of the ERISA Act for breach of fiduciary duty?

MultiRegion, United States of America

The following excerpt is from DeRogatis v. Bd. of Trs. of the Welfare Fund of the Int'l Union of Operating Eng'rs Local 15, 15A, 15C & 15D, AFLCIO (In re DeRogatis), 904 F.3d 174 (2nd Cir. 2018):

any act or practice which violates any provision of [ERISA] or terms of the plan, or [ ] to obtain other appropriate equitable relief." 29 U.S.C. 1132(a)(3). This section allows plan beneficiaries to bring individual actions seeking injunctive relief for an asserted breach of fiduciary duty. See Bell v. Pfizer, Inc. , 626 F.3d 66, 73 (2d Cir. 2010). Our precedent holds that, to state a claim under section 502(a)(3) for fiduciary breach based on a defendant's alleged failure to provide complete and accurate information about plan benefits, a plaintiff must establish three elements: (1) the defendant was performing a fiduciary function when it engaged in the conduct at issue in the complaint; (2) the defendant breached a fiduciary duty; and (3) the plaintiff is entitled to equitable relief. See id. at 7374 ; Amara , 563 U.S. at 44345, 131 S.Ct. 1866.

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