DOJ, Other Amici Support Participant In Equitable Relief Dispute In Supreme Court

Mealey's (July 20, 2015, 12:02 PM EDT) -- WASHINGTON, D.C. — The United States and several other amici have filed briefs supporting an employee welfare plan participant in the plan’s attempt to recover an alleged overpayment from the participant, contending that reimbursement does not constitute “equitable relief” under Employee Retirement Income Security Act Section 502(a)(3) where the fiduciary has not identified a particular fund that is in the participant's possession and control at the time that the fiduciary asserts its claim (Robert Montanile v. Board of Trustees of the National Elevator Industry Health Benefit...
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