Under ERISA: Is Surcharge An Appropriate Remedy?

Law360, New York (January 24, 2013, 12:38 PM EST) -- Employee Retirement Income Security Act encourages but does not compel employers to offer benefit plans. It ought not discourage employers from offering qualifying plans by threatening them with unpredictable and possibly large liabilities premised on speculative harms.

Hence, ERISA assures employers of a predictable set of liabilities, under uniform standards of primary conduct and a uniform regime of remedies. ERISA Section 502 permits plaintiffs to recover “appropriate equitable relief” to redress violations of statutory employee benefit rights. One such right is the right to a summary...
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