ERISA civil litigation enforcement

When considering ERISA civil litigation enforcement, you must start with Section 502(a). This section lists the various types of civil enforcement actionsauthorized under the statute. These claims fall into three broad general categories. First, under ERISA Section 502(a)(1)(b), a plan participant or beneficiarymay bring a claim to recover benefits due under the terms of the plan or to clarify rights to future benefits under the plan. This type of claim typically isbrought after the plan’s administrator has denied a claim for benefits and the participant or beneficiary has exhausted the plan’s administrative appealprocedure for denied benefit claims.Second, a plan participant, a beneficiary, or a plan fiduciary may bring a claim under ERISA Section 502(a)(2) against another plan fiduciary seeking reliefunder ERISA Section 409(a) for a breach of fiduciary duty. A similar claim also may be brought by the Secretary of Labor under ERISA Section 502(a)(2).Third, a plan participant, a beneficiary, or a plan fiduciary may bring a claim under ERISA Section 502(a)(3) to enjoin any act or practice that violates eitherTitle I of ERISA or the terms of the plan, or to obtain appropriate equitable relief to remedy such a violation. The Secretary of Labor is authorized to bring a similar claim for injunctive or equitable relief under ERISA Section 502(a)(5). This third category of civil claims, known as the “catch-all” category because ofits broad scope, has been the subject of numerous Supreme Court cases.
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