Government:  Participants In Overfunded Plans May Still Sue Under ERISA

Mealey's (May 22, 2019, 12:31 PM EDT) -- WASHINGTON, D.C. — In a May 21 brief filed with the U.S. Supreme Court, the U.S. solicitor general argues that the Eighth Circuit U.S. Court of Appeals erroneously found that a putative plaintiff class lacks statutory standing under the Employee Retirement Income Security Act to maintain an action against their pension plan because the plan was subsequently overfunded (James J. Thole, et al. v. U.S. Bank, N.A., et al., No. 17-1712, U.S. Sup.)....