Massachusetts Mutual Life Insurance v. Russell
Opinion of the Court
delivered the opinion of the Court.
The question presented for decision is whether, under the Employee Retirement Income Security Act of 1974 (ERISA), a fiduciary to an employee benefit plan may be held personally liable to a plan participant or beneficiary for extra-contractual compensatory or punitive damages caused by improper or untimely processing of benefit claims.
Respondent Doris Russell, a claims examiner for petitioner Massachusetts Mutual Life Insurance Company (hereafter petitioner), is a beneficiary under two employee benefit plans administered by petitioner for eligible employees. Both plans are funded from the general assets of petitioner and both are governed by ERISA.
In May 1979 respondent became disabled with a back ailment. She received plan benefits until October 17, 1979, when, based on the report of an orthopedic surgeon, petitioner’s disability committee terminated her benefits. On October 22, 1979, she requested internal review of that decision and, on November 27, 1979, submitted a report from her own psychiatrist indicating that she suffered from a psychosomatic disability with physical manifestations rather than an orthopedic illness. After an examination by a second psychiatrist on February 15, 1980, had confirmed that respondent was temporarily disabled, the plan administrator reinstated her benefits on March 11, 1980. Two days later retroactive benefits were paid in full.
Although respondent has been paid all benefits to which she is contractually entitled, she claims to have been injured by the improper refusal to pay benefits from October 17, 1979, when her benefits were terminated, to March 11, 1980, when her eligibility was restored. Among other allegations, she asserts that the fiduciaries administering petitioner’s employee benefit plans are high-ranking company officials who
Petitioner removed the case to the United States District Court for the Central District of California and moved for summary judgment. The District Court granted the motion, holding that the state-law claims were pre-empted by ERISA and that “ERISA bars any claims for extra-contractual damages and punitive damages arising out of the original denial of plaintiff’s claims for benefits under the Salary Continuance Plan and the subsequent review thereof.” App. to Pet. for Cert. 29a.
On appeal, the United States Court of Appeals for the Ninth Circuit affirmed in part and reversed in part. 722 F. 2d 482 (1983). Although it agreed with the District Court that respondent’s state-law causes of action were pre-empted by ERISA, it held that her complaint alleged a cause of action under ERISA. See id., at 487-492. The court reasoned that the 132 days
According to the Court of Appeals, the award of compensatory damages shall “remedy the wrong and make the aggrieved individual whole,” which meant not merely contractual damages for loss of plan benefits, but relief “that will compensate the injured party for all losses and injuries sustained as a direct and proximate cause of the breach of fiduciary duty,” including “damages for mental or emotional distress.” Id., at 490. Moreover, the liability under § 409(a) “is against the fiduciary personally, not the plan.” Id., at 490, n. 8.
The Court of Appeals also held that punitive damages could be recovered under § 409(a), although it decided that such an award is permitted only if the fiduciary “acted with actual malice or wanton indifference to the rights of a participant or beneficiary.” Id., at 492. The court believed that this result was supported by the text of § 409(a) and by the congressional purpose to provide broad remedies to redress and prevent violations of the Act.
We granted certiorari, 469 U. S. 816 (1984), to review both the compensatory and punitive components of the Court of Appeals’ holding that § 409 authorizes recovery of extra-contractual damages.
As its caption implies, § 409(a) establishes “liability for BREACH of fiduciary duty.”
“(a) Any person who is a fiduciary with respect to a plan who breaches any of the responsibilities, obligations, or duties imposed upon fiduciaries by this title shall be personally liable to make good to such plan any losses to the plan resulting from each such breach, and to restore to such plan any profits of such fiduciary which have been made through use of assets of the plan by the fiduciary, and shall be subject to such other equitable or remedial relief as the court may deem appropriate, including removal of such fiduciary. A fiduciary may also be removed for a violation of section 411 of this Act.”6 88 Stat. 886, 29 U. S. C. § 1109(a).
Sections 501 and 502 authorize, respectively, criminal and civil enforcement of the Act. While the former section provides for criminal penalties against any person who willfully violates any of the reporting and disclosure requirements of the Act,
“A civil action may be brought—
“(1) by a participant or beneficiary—
“(A) for the relief provided for in subsection (c) of this section, or
“(B) to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan;
“(2) by the Secretary, or by a participant, beneficiary or fiduciary for appropriate relief under section 409 _” 88 Stat. 891, 29 U. S. C. § 1182(a).
There can be no disagreement with the Court of Appeals’ conclusion that § 502(a)(2) authorizes a beneficiary to bring an action against a fiduciary who has violated §409. Petitioner contends, however, that recovery for a violation of § 409 inures to the benefit of the plan as a whole. We find this contention supported by the text of § 409, by the statutory provisions defining the duties of a fiduciary, and by the provisions defining the rights of a beneficiary.
The Court of Appeals’ opinion focused on the reference in § 409 to “such other equitable or remedial relief as the court may deem appropriate.” But when the entire section is examined, the emphasis on the relationship between the fiduciary and the plan as an entity becomes apparent. Thus, not only is the relevant fiduciary relationship characterized at the outset as one “with respect to a plan,” but the potential personal liability of the fiduciary is “to make good to such plan any losses to the plan . . . and to restore to such plan any profits of such fiduciary which have been made through use of assets of the plan . . . .”
It is of course true that the fiduciary obligations of plan administrators are to serve the interest of participants and beneficiaries and, specifically, to provide them with the benefits authorized by the plan. But the principal statutory duties imposed on the trustees relate to the proper management, administration, and investment of fund assets, the maintenance of proper records, the disclosure of specified in
Significantly, the statutory provision explicitly authorizing a beneficiary to bring an action to enforce his rights under the plan — § 502(a)(1)(B), quoted supra, at 140 — says nothing about the recovery of extracontractual damages, or about the possible consequences of delay in the plan administrators’ processing of a disputed claim. Thus, there really is nothing at all in the statutory text to support the conclusion that such a delay gives rise to a private right of action for compensatory or punitive relief. And the entire text of §409 persuades us that Congress did not intend that section to authorize any relief except for the plan itself. In short, unlike the Court of Appeals, we do not find in § 409 express authority for an award of extracontractual damages to a beneficiary.
Relying on the four-factor analysis employed by the Court in Cort v. Ash, 422 U. S., at 78,
The voluminous legislative history of the Act contradicts respondent’s position. It is true that an early version of the
The six carefully integrated civil enforcement provisions found in § 502(a) of the statute as finally enacted, however, provide strong evidence that Congress did not intend to authorize other remedies that it simply forgot to incorporate expressly. The assumption of inadvertent omission is rendered especially suspect upon close consideration of ERISA’s interlocking, interrelated, and interdependent remedial scheme, which is in turn part of a “comprehensive and reticulated statute.” Nachman Corp. v. Pension Benefit Guaranty Corporation, 446 U. S. 359, 361 (1980). If in this case, for example, the plan administrator had adhered to his initial determination that respondent was not entitled to disability benefits under the plan, respondent would have had a panoply of remedial devices at her disposal. To recover the
We are reluctant to tamper with an enforcement scheme crafted with such evident care as the one in ERISA. As we stated in Tmnsamerica Mortgage Advisors, Inc. v. Lends, 444 U. S. 11, 19 (1979): “[W]here a statute expressly provides a particular remedy or remedies, a court must be chary of reading others into it.” See also Touche Ross & Co. v. Redington, 442 U. S. 560, 571-574 (1979). “The presumption that a remedy was deliberately omitted from a statute is strongest when Congress has enacted a comprehensive legislative scheme including an integrated system of procedures for enforcement.” Northwest Airlines, Inc. v. Transport Workers, 451 U. S., at 97.
hH I — I i
Thus, the relevant text of ERISA, the structure of the entire statute, and its legislative history all support the conclusion that in § 409(a) Congress did not provide, and did not intend the judiciary to imply, a cause of action for extra-contractual damages caused by improper or untimely processing of benefit claims.
The judgment of the Court of Appeals is therefore
Reversed.
Respondent later qualified for permanent disability benefits which have been regularly paid.
The regulations, which are authorized by §§ 503, 505, 88 Stat. 893-894, 29 U. S. C. §§ 1133, 1135, appear at 29 CFR §2560.503-l(h) (1984). We discuss them infra, at 144, and n. 11.
Petitioner argues that the review period should be measured from November 27, 1979, when respondent submitted her medical evidence, rather than from October 22, 1979, the date she requested review, but for purposes of our decision we accept respondent’s position on this point.
Respondent did not file a cross-petition and therefore has not questioned the Court of Appeals’ holding that her state-law causes of action are pre-empted by ERISA.
Because respondent relies entirely on § 409(a), and expressly disclaims reliance on § 502(a)(3), we have no occasion to consider whether any other provision of ERISA authorizes recovery of extracontractual damages. Tr. Oral Arg. 31-32.
Section 411 prohibits any person who has been convicted of certain enumerated offenses from serving as an administrator or fiduciary of a regulated plan. See 88 Stat. 887, 29 U. S. C. § 1111.
Section 501 reads as follows:
“Any person who willfully violates any portion of part 1 of this subtitle, or any regulation or order issued under any such provision, shall upon conviction be fined not more than $5,000 or imprisoned not more than one year, or both; except that in the case of such violation by a person not an individual, the fine imposed upon such person shall be a fine not exceeding $100,000.” 88 Stat. 891, 29 U. S. C. § 1131.
Part 1 of the subtitle, which consists of §§ 101-111, imposes elaborate reporting and disclosure requirements on plan administrators. See 88 Stat. 840-851, 29 U. S. C. §§ 1021-1031.
The Committee Reports also emphasize the fiduciary’s personal liability for losses to the plan. See H. R. Conf. Rep. No. 93-1280, p. 320 (1974),
The floor debate also reveals that the crucible of congressional concern was misuse and mismanagement of plan assets by plan administrators and that ERISA was designed to prevent these abuses in the future. See 120 Cong. Rec. 29932 (1974) (“[T]he legislation imposes strict fiduciary obligations on those who have discretion or responsibility respecting the management, handling, or disposition of pension or welfare plan assets”) (remarks of Sen. Williams), reprinted in 3 Leg. Hist. 4743; 120 Cong. Rec. 29951 (1974) (“This bill will establish judicially enforceable standards to insure honest, faithful, and competent management of pension and welfare funds”) (remarks of Sen. Bentsen), reprinted in 3 Leg. Hist. 4795; 120 Cong. Rec. 29954 (1974) (“[Ijnstances have arisen in which pension funds have been used improperly by plan managers and fiduciaries. . . . [T]his bill contains measures designed to reduce substantially the potentialities for abuse”) (remarks of Sen. Nelson), reprinted in 3 Leg. Hist. 4803; 120 Cong. Rec. 29957 (1974) (“In addition, frequently the pension funds themselves are abused by those responsible for their management who manipulate them for their own purposes or make poor investments with them”) (remarks of Sen. Ribicoff), reprinted in 3 Leg. Hist. 4811; 120 Cong. Rec. 29957 (1974) (“[Mjisuse, manipulation, and poor management of pension trust funds are all too frequent”) (remarks of Sen. Ribicoff), reprinted in 3 Leg. Hist. 4812; 120 Cong. Rec. 29961 (1974) (“This legislation . . . sets fiduciary standards to insure that pension funds are not mismanaged”) (remarks of Sen. Clark), reprinted in 3 Leg. Hist. 4823; 120 Cong. Rec. 29194 (1974) (ERISA contains “provisions to insure fair handling of a worker’s money”) (remarks of Rep. Biaggi), reprinted in 3 Leg. Hist. 4661; 120 Cong. Rec. 29196-29197 (1974) (“These standards . . . will prevent abuses ... by those dealing with plans”) (remarks of Rep. Dent), reprinted in 3 Leg. Hist. 4668; 120 Cong. Rec. 29206 (1974) (ERISA imposes “fiduciary and disclosure standards to guard against fraud and abuse of pension funds”) (remarks of Rep. Brademas), reprinted in 3 Leg. Hist. 4694.
Consistent with this objective, § 502(a)(2), the enforcement provision for §409, authorizes suits by four classes of party-plaintiffs: the Secretary of Labor, participants, beneficiaries, and fiduciaries. Inclusion of the Secretary of Labor is indicative of Congress’ intent that actions for breach of fiduciary duty be brought in a representative capacity on behalf of the plan as a whole. Indeed, the common interest shared by all four classes is in the financial integrity of the plan.
Accordingly, ERISA establishes duties of loyalty and care for fiduciaries. With regard to loyalty, the principal provision is § 406, which in general prohibits self-dealing and sales or exchanges between the plan, on the one hand, and “parties in interest” and “disqualified persons,” on the other. See 88 Stat. 879-880, 29 U. S. C. § 1106. In the same vein, § 408(c)(2) prohibits compensating fiduciaries who are full-time employees of unions or employers. 88 Stat. 885, 29 U. S. C. § 1108(c)(2).
With regard to the duty of care, §404, among other obligations, imposes a “prudent person” standard by which to measure fiduciaries’ investment decisions and disposition of assets. See 88 Stat. 877, 29 U. S. C. § 1104(a)(1)(B). Section 404 also mandates that “a fiduciary shall discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries and — (A) for the exclusive purpose of: (i) providing benefits to participants and their beneficiaries.” 88 Stat. 877, 29 U. S. C. § 1104(a)(1).
Section 503 provides:
“In accordance with regulations of the Secretary, every employee benefit plan shall—
“(1) provide adequate notice in writing to any participant or beneficiary whose claim for benefits under the plan has been denied, setting forth the specific reasons for such denial, written in a manner calculated to be understood by the participant, and
“(2) afford a reasonable opportunity to any participant whose claim for benefits has been denied for a full and fair review by the appropriate named fiduciary of the decision denying the claim.” 88 Stat. 893, 29 U. S. C. § 1133.
The Secretary of Labor’s rulemaking power is contained in § 505, 88 Stat. 894, 29 U. S. C. § 1135.
In light of this holding, we do not reach any question concerning the extent to which § 409 may authorize recovery of extracontraetual compensatory or punitive damages from a fiduciary by a plan.
“In determining whether a private remedy is implicit in a statute not expressly providing one, several factors are relevant. First, is the plaintiff ‘one of the class for whose especial benefit the statute was enacted,’ Texas & Pacific R. Co. v. Rigsby, 241 U. S. 33, 39 (1916) (emphasis supplied) — that is, does the statute create a federal right in favor of the plaintiff? Second, is there any indication of legislative intent, explicit or implicit, either to create such a remedy or to deny one? See, e. g., National Railroad Passenger Corporation v. National Assn. of Railroad Passengers, 414 U. S. 453, 458, 460 (1974) (Amtrak). Third, is it consistent with the underlying purposes of the legislative scheme to imply such a remedy for the plaintiff? . . . And finally, is the cause of action one traditionally relegated to state law, in an area basically the concern of the States, so that it would be inappropriate to infer a cause of action based solely on federal law?” Cort v. Ash, 422 U. S., at 78 (citations omitted).
This provision, which was part of H. R. 2 as passed by the Senate, provided for “[cjivil actions for appropriate relief, legal or equitable, to redress or restrain a breach of any responsibility, obligation, or duty of a fiduciary.” H. R. 2, §693, 93d Cong., 2d Sess. (Mar. 4, 1974), 3 Leg. Hist. 3816. (It was also part of earlier bills. See S. 4, § 603, 93d Cong., 1st Sess. (Apr. 18. 1973), 1 Leg. Hist. 579; see also S. 1179, § 501(d), 93d Cong., 1st Sess. (Aug. 21, 1973), 1 Leg. Hist. 950.)
See Middlesex County Sewerage Authority v. National Sea Clammers Assn., 453 U. S. 1, 14-15 (1981); Texas Industries, Inc. v. Radcliff Materials, Inc., 451 U. S. 630, 639-640 (1981); California v. Sierra Club, 451 U. S. 287, 295, n. 6 (1981); National Railroad Passenger Corporation v. National Assn, of Railroad Passengers, 414 U. S. 453, 458 (1974); Nashville Milk Co. v. Carnation Co., 355 U. S. 373, 375-376 (1958); Switchmen v. National Mediation Board, 320 U. S. 297, 301 (1943); Botany Worsted Mills v. United States, 278 U. S. 282, 289 (1929).
See, e. g., Nachman Corp. v. Pension Benefit Guaranty Corporation, 446 U. S. 359, 374-375 (1980); 120 Cong. Rec. 29196 (1974), 3 Leg. Hist. 4665; 119 Cong. Rec. 30041 (1973), 2 Leg. Hist. 1633.
Indeed, Congress was concerned lest the cost of federal standards discourage the growth of private pension plans. See, e. g., H. R. Rep. No. 93-533, 1, 9 (1973), 2 Leg. Hist. 2348, 2356; 120 Cong. Rec. 29949 (1974), 3 Leg. Hist. 4791; 120 Cong. Rec. 29210-29211 (1974), 3 Leg. Hist. 4706-4707.
Concurring Opinion
with whom Justice White, Justice Marshall, and Justice Blackmun join, concurring in the judgment.
Section 502(a) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U. S. C. § 1132(a), provides a wide array of measures to employee-benefit plan participants and beneficiaries by which they may enforce their rights under ERISA and under the terms of their plans. A partici
This case presents a single, narrow question: whether the §409 “appropriate relief” referred to in § 502(a)(2) includes individual recovery by a participant or beneficiary of extra-contractual damages for breach of fiduciary duty. The Court of Appeals for the Ninth Circuit held that, because §409 broadly authorizes “such other equitable or remedial relief as the court may deem appropriate,”
This does not resolve, of course, whether and to what extent extracontractual damages are available under § 502(a)(3). This question was not addressed by the courts below and was not briefed by the parties and amici. Thus the Court properly emphasizes that “we have no occasion to consider whether any other provision of ERISA authorizes recovery of extracontractual damages.” Ante, at 139, n. 5. Accordingly, we save for another day the questions (1) to what extent a fiduciary’s mishandling of a claim might constitute an actionable breach of the fiduciary duties set forth in § 404(a), and (2) the nature and extent of the “appropriate equitable relief... to redress” such violations under § 502(a)(3).
There is dicta in the Court’s opinion, however, that could be construed as sweeping more broadly than the narrow ground of resolution set forth above. Although the Court
Fiduciary Duties in Claims Administration
There is language in the Court’s opinion that might be read as suggesting that the fiduciary duties imposed by ERISA on plan administrators for the most part run only to the plan itself, as opposed to individual beneficiaries. See ante, at 142-144. The Court apparently thinks there might be some significance in the fact that an administrator’s fiduciary duties “are described in Part 4 of Title 1 of the Act . . . whereas the statutory provisions relating to claim procedures are found in Part 5.” Ante, at 143. Accordingly, the Court seems to believe that the duties and remedies associated with claims processing might be restricted to those explicitly spelled out in §§ 502(a)(1)(B) and 503. Ante, at 142-144.
To the extent the Court suggests that administrators might not be fully subject to strict fiduciary duties to participants and beneficiaries in the processing of their claims and
Moreover, the Court’s suggestion concerning the distinction between Parts 4 and 5 of Title I is thoroughly unconvincing. Section 502(a)(3) authorizes the award of “appropriate equitable relief” directly to a participant or beneficiary to “redress” “any act or practice which violates any provision of this title or the terms of the plan.”
Judicial Construction of ERISA
Russell argues that a private right of action for beneficiaries and participants should be read into § 409. Because the Court has concluded that Congress’ intent and ERISA’s overall structure restrict the scope of §409 to recovery on behalf of a plan, ante, at 139-142, such a private right is squarely barred under the standards set forth in Cort v. Ash, 422 U. S. 66, 78 (1975).
The Court’s discussion, I say respectfully, is both unnecessary and to some extent completely erroneous. The Court may or may not be correct as a general matter with respect to implying private rights of action under ERISA; as the respondent has sought such an implied right only under §409,
The Court today expressly reserves the question whether extracontractual damages might be one form of “other appropriate relief” under § 502(a)(3). Ante, at 139, n. 5. I believe that, in resolving this and other questions concerning appropriate relief under ERISA, courts should begin by ascertaining the extent to which trust and pension law as developed by state and federal courts provide for recovery by the beneficiary above and beyond the benefits that have been withheld;
I concur in the judgment of the Court.
Section 502(a), 88 Stat. 891, 29 U. S. C. § 1132(a), provides in full:
“A civil action may be brought—
“(1) by a participant or beneficiary—
“(A) for the relief provided for in subsection (e) of this section, or
“(B) to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan;
“(2) by the Secretary, or by a participant, beneficiary or fiduciary for appropriate relief under section 409;
“(3) by a participant, beneficiary, or fiduciary (A) to enjoin any act or practice which violates any provision of this title or the terms of the plan, or (B) to obtain other appropriate equitable relief (i) to redress such violations or (ii) to enforce any provisions of this title or the terms of the plan;
“(4) by the Secretary, or by a participant, or beneficiary for appropriate relief in the case of a violation of [section] 105(c);
“(5) except as otherwise provided in subsection (b), by the Secretary (A) to enjoin any act or practice which violates any provision of this title, or (b) to obtain other appropriate equitable relief (i) to redress such violation or (ii) to enforce any provision of this title; or
“(6) by the Secretary to collect any civil penalty under subsection (i).”
Section 409, 88 Stat. 886, 29 U. S. C. § 1109, provides:
“(a) Any person who is a fiduciary with respect to a plan who breaches any of the responsibilities, obligations, or duties imposed upon fiduciaries*150 by this title shall be personally liable to make good to such plan any losses to the plan resulting from each such breach, and to restore to such plan any profits of such fiduciary which have been made through use of assets of the plan by the fiduciary, and shall be subject to such other equitable or remedial relief as the court may deem appropriate, including removal of such fiduciary. A fiduciary may also be removed for a violation of section 411 of this Act.
“(b) No fiduciary shall be liable with respect to a breach of fiduciary duty under this title if such breach was committed before he became a fiduciary or after he ceased to be a fiduciary.”
See, e. g., ante, at 138 (“We granted certiorari... to review both the compensatory and punitive components of the Court of Appeals’ holding that § 409 authorizes recovery of extracontractual damages”); ante, at 138, n. 4; ante, at 144 (“[Wje do not find in § 409 express authority for an award of extracontractual damages to a beneficiary”); ante, at 148.
See, e. g., ante, at 136, 142-144, 146-148.
Section 404(a), 88 Stat. 877, as amended, 94 Stat. 1296, 29 U. S. C. § 1104(a), provides in relevant part:
“(1) ... [A] fiduciary shall discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries and—
“(A) for the exclusive purpose of: (i) providing benefits to participants and their beneficiaries; and (ii) defraying reasonable expenses of administering the plan;
“(B) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims;
“(C) by diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and
“(D) in accordance with the documents and instruments governing the plan insofar as such documents and instruments are consistent with the provisions of this title or title IV.”
See, e. g., H. R. Rep. No. 93-533, p. 11 (1973) (“The fiduciary responsibility section, in essence, codifies and makes applicable to . . . fiduciaries certain principles developed in the evolution of the law of trusts”); id., at 13:
“The principles of fiduciary conduct are adopted from existing trust law, but with modifications appropriate for employee benefit plans. These salient principles place a twofold duty on every fiduciary: to act in his relationship to the plan’s fund as a prudent man in a similar situation and under like conditions would act, and to act consistently with the principles of*153 administering the trust for the exclusive purposes previously enumerated, and in accordance with the documents and instruments governing the fund unless they are inconsistent with the fiduciary principles of the section.”
See also S. Rep. No. 93-127, pp. 28-29 (1973); H. R. Conf. Rep. No. 93-1280, p. 303 (1974) (“[T]he assets of the employee benefit plan are to be held for the exclusive benefit of participants and beneficiaries”); 120 Cong. Rec. 29932 (1974) (remarks of Sen. Williams); Central States Pension Fund v. Central Transport, Inc., 472 U. S. 559, 570 (1985) (“Congress invoked the common law of trusts to define the general scope of [fiduciary] authority and responsibility”); NLRB v. Amax Coal Co., 453 U. S. 322, 329 (1981) (“Where Congress uses terms that have accumulated settled meaning under either equity or the common law, a court must infer, unless the statute otherwise dictates, that Congress means to incorporate the established meaning of these terms”); Leigh v. Engle, 727 F. 2d 113, 122 (CA7 1984); Donovan v. Mazzola, 716 F. 2d 1226, 1231 (CA9 1983); Sinai Hospital of Baltimore, Inc. v. National Benefit Fund For Hospital & Health Care Employees, 697 F. 2d 562, 565-566 (CA4 1982); Donovan v. Bierwirth, 680 F. 2d 263, 271 (CA2), cert. denied, 459 U. S. 1069 (1982).
See, e. g., Restatement (Second) of Trusts §182 (1959); G. Bogert & G. Bogert, Law of Trusts § 109 (1973).
See, e. g., 120 Cong. Rec. 29929 (1974) (remarks of Sen. Williams) (emphasis added) (ERISA imposes “strict fiduciary obligations upon those who exercise management or control over the assets or administration of an employee pension or welfare plan”); H. R. Conf. Rep. No. 93-1280, at 301, and n. 1 (re procedures for delegating fiduciary duties, including “allocation or delegation of duties with respect to payment of benefits”).
The Conference Report emphasized that participants and beneficiaries were entitled under § 502 not only to “recover benefits due under the plan”
Trust-law remedies are equitable in nature, and include provision of monetary damages. See, e. g., G. Bogert & G. Bogert, Law of Trusts and Trustees § 862 (2d ed. 1982) (hereinafter Bogert & Bogert, Trusts and Trustees); Restatement (Second) of Trusts §§ 199, 205 (1959). Thus while a given form of monetary relief may be unavailable under ERISA for other reasons, see infra, at 157-158, it cannot be withheld simply because a beneficiary’s remedies under ERISA are denominated “equitable.” See also Restatement (Second) of Torts §874, Comment b (1979) (“Violation of Fiduciary Duty”) (although “[t]he remedy of a beneficiary against a defaulting or negligent trustee is ordinarily in equity,” the beneficiary is entitled to all redress “for harm caused by the breach of a duty arising from the relation”).
An implied action for personal recovery is specifically barred under the second and third factors set forth in Cort v. Ash: “is there any indication of
“Section [502] specifically allows beneficiaries to sue under Section [409]. However, even if it did not, a private right of action for participants and beneficiaries could be read into Section [409].” Brief for Respondent 14; see also id., at 2.
120 Cong. Rec. 29942 (1974).
Id., at 29933. See also H. R. Conf. Rep. No. 93-1280, at 327 (“All such actions in Federal or State courts are to be regarded as arising under the laws of the United States in similar fashion to those brought under Section 301 of the Labor-Management Relations Act of 1947”).
See also National Society of Professional Engineers v. United States, 435 U. S. 679, 688 (1978) (footnote omitted): “Congress ... did not intend the text of the Sherman Act to delineate the full meaning of the statute or its application in concrete situations. The legislative history makes it perfectly clear that it expected the courts to give shape to the statute’s broad mandate by drawing on common-law tradition. The Rule of Reason, with its origins in common-law precedents long antedating the Sherman Act, has served that purpose.” It seems to me that ERISA, with its incorporation of trust law, deserves a similarly generous and flexible construction.
3 A. Scott, Law of Trusts § 199, p. 1638 (1967). See also Restatement (Second) of Trusts § 205, and Comment a (1959) (beneficiary entitled to a remedy “which will put him in the position in which he would have been if the trustee had not committed the breach of trust”); Bogert & Bogert, Trusts and Trustees § 862.
The absence of such relief under traditional trust law is not necessarily dispositive, however, because “in enacting ERISA Congress made more exacting the requirements of the common law of trusts relating to employee benefit trust funds.” Donovan v. Mazzola, 716 F. 2d, at 1231 (emphasis added); see also Sinai Hospital of Baltimore, Inc. v. National Benefit Fund for Hospital & Health Care Employees, 697 F. 2d, at 565-566.
“Where the courts are required themselves to fashion a federal rule of decision, the source of that law must be federal and uniform. Yet, state law where compatible with national policy may be resorted to and adopted as a federal rule of decision. . . . Here, of course, there is little federal law to which the court may turn for guidance. State regulation of insurance, pensions, and other such programs, however, provides a pre-existing source of experience and experiment in an area in which there is, as yet, only federal inexperience. Much of what the states have thus far devel
Reference
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- MASSACHUSETTS MUTUAL LIFE INSURANCE CO. Et Al. v. RUSSELL
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