Section 502(a)(3) of ERISA invokes the equitable powers of a district court to provide relief such as contract reformation, estoppel, and surcharge to redress plan violations.
After a plan sponsor changed its pension plan and provided misleading disclosures to employees, a district court reformed the plan and ordered the payment of benefits. The court relied on ERISA § 502(a)(1)(B), which allows beneficiaries to recover benefits due under the terms of a plan. The Supreme Court holds that while § 502(a)(1)(B) does not authorize a court to reform plan terms, § 502(a)(3) provides authority for appropriate equitable relief to redress violations of ERISA or the plan's terms. This equitable relief includes traditional remedies such as contract reformation, estoppel, and surcharge to remedy a trustee's breach of duty.
At page 441 Equitable remedies for breach of duty and unjust enrichment71 citing cases“equity courts possessed the power to provide relief in the form of monetary 'compensation' for a loss resulting from a trustee's breach of duty, or to prevent the trustee's unjust enrichment.”
- Washington v. Lenzy Fam. Inst., Inc., No. 5:21-cv-01102 (N.D. Ohio Aug. 19, 2024). (Equity courts possessed the power to provide relief in the form of monetary ‘compensation’ for a loss resulting from a trustee’s breach of duty, or to prevent the trustee’s unjust enrichment.)
- Prolow v. Aetna Life Ins. Co., No. 9:20-cv-80545 (S.D. Fla. Jan. 4, 2021). (Equity courts possessed the power to provide relief in the form of monetary ‘compensation’ for a loss resulting from a trustee's breach of duty, or to prevent the trustee's unjust enrichment.)
- Greenwell v. Grp. Health Plan for Employees of Sensus USA Inc., 505 F. Supp. 3d 594 (E.D.N.C. 2020).publishedHowever, the Supreme Court in CIGNA Corp. v. Amara further clarified what remedies are available to claimants under § 1132(a)(3) to include certain equitable forms of money payment and equitable estoppel. 563 U.S. 421, 440-42 (2011) (“Equi…
- DaVita, Inc. v. Marietta Mem. Hosp., 978 F.3d 326 (6th Cir. 2020).published Should DaVita succeed upon remand, “[o]nly injunctive relief of the type available under § 1132(a)(3) will provide the complete relief sought by [DaVita] by requiring [the Plan] to alter the manner in which it administers [dialysis claims]…
- Day v. Humana Ins. Co., No. 1:19-cv-03141 (N.D. Ill. June 1, 2020). ([T]he District Court's remedy [for an (a)(3) claim] essentially held CIGNA to what it had promised, namely, that the new plan would not take from its employees benefits they had already accrued. This aspect of the reme…)
- Gregory Gabriel v. Alaska Elec. Pension Fund, No. 12-35458 (9th Cir. Dec. 16, 2014).published Because such a lawsuit would fall outside of traditional equitable jurisprudence, the “make-whole relief” in that case constituted compensatory damages against a nonfiduciary, which “traditionally speaking, was legal, not equitable, in nat…
- Gabriel v. Alaska Elec. Pension Fund, 773 F.3d 945 (9th Cir. 2014).published Because such a lawsuit would fall outside of traditional equitable jurisprudence, the “make-whole relief’ in that case constituted compensatory damages against a nonfiduciary, which “traditionally speaking, was legal, not equitable, in nat…
- Deborah Kenseth v. Dean Health Plan, Inc., 722 F.3d 869 (7th Cir. 2013).published Cigna, 131 S. Ct. at 1880 (“But the fact that this relief takes the form of a money payment does not remove it from the category of traditionally equitable relief.”).
- Amara v. Cigna Corp., 925 F. Supp. 2d 242 (D. Conn. 2012).published See Amara III, 131 S.Ct. at 1880 (“[T]he fact that this relief takes the form of a money payment does not remove it from the category of traditionally equitable relief.”).
- Clark v. Feder, Semo & Bard, P.C., 808 F. Supp. 2d 219 (D.D.C. 2011).published As explained above, the CIGNA Court explained that simply because a plaintiff is seeking monetary relief for a breach of fiduciary duty “does not remove it from the category of traditionally equitable relief.” CIGNA, 131 S.Ct. at 1880 (“Eq…
Show 59 more citing cases
- Clark v. Feder Semo & Bard, P.C., No. 2007-0470 (D.D.C. Sept. 7, 2011).published As explained above, the CIGNA Court explained that simply because a plaintiff is seeking monetary relief for a breach of fiduciary duty "does not remove it from the category of traditionally equitable relief." CIGNA, 131 S. Ct. at 1880 ("E…
- Eschler v. Lincoln Nat'l Life Ins. Co., The, No. 2:20-cv-00467 (D. Utah Nov. 3, 2020).“the fact that this relief takes the form of a money payment does not remove it from the category of traditionally equitable relief. . . . indeed, prior to the merger of law and equity this kind of monetary remedy agains…”
- Gregory Gabriel v. Alaska Elec. Pension Fund, 755 F.3d 647 (9th Cir. 2014).published
- Debbie McCravy v. Metro. Life Ins. Co, 690 F.3d 176 (4th Cir. 2012).published
- Zisk v. Gannett Co. Income Prot. Plan, 73 F. Supp. 3d 1115 (N.D. Cal. 2014).published
- Jody Rose v. PSA Airlines, Inc., 80 F.4th 488 (4th Cir. 2023).published
- Raniero Gimeno v. NCHMD, Inc., 38 F.4th 910 (11th Cir. 2022).published
- Wright v. Elton Corp., No. 1:17-cv-00286 (D. Del. Mar. 29, 2022).
- Suchin v. Fresenius Med. Care Holdings, Inc., 715 F. Supp. 3d 703 (D. Md. 2024).published
- Sandra Peters v. Aetna Inc., 2 F.4th 199 (4th Cir. 2021).published
- Russo v. Valmet Inc, No. 2:19-cv-00324 (D. Me. Jan. 29, 2020).
- Krebsbach v. Travelers Pension Plan, The, No. 0:24-cv-00257 (D. Minn. Nov. 14, 2024).
- Juan Castillo v. Metro. Life Ins. Co., 970 F.3d 1224 (9th Cir. 2020).published
- Garthwait v. Eversource Energy Serv. Co., No. 3:20-cv-00902 (D. Conn. Dec. 7, 2022).
- Moitoso v. FMR LLC, 410 F. Supp. 3d 320 (D. Mass. 2019).published
- Faith Reg'l Health Servs. v. Ironshore Indem., Inc., No. 8:20-cv-00444 (D. Neb. June 30, 2021).
- Evans v. UnitedHealthcare of Oklahoma Inc., No. 4:20-cv-00670 (N.D. Okla. Apr. 1, 2021).
- Williams v. Centerra Grp., LLC, 579 F. Supp. 3d 778 (D.S.C. 2022).published
- Scentsy, Inc. v. Blue Cross of Idaho Health Serv., Inc., No. 1:23-cv-00552 (D. Idaho Sept. 3, 2026).
- Sec'y of U.S. Dep't of Labor v. Kavalec, No. 1:19-cv-00968 (N.D. Ohio Apr. 7, 2020).
- Watson v. Dell Tech. Inc., No. 1:19-cv-02667 (D. Colo. May 7, 2025).
- K. Lewis v. Pbgc [reissued Opinion], No. 17-5068 (D.C. Cir. Dec. 21, 2018).published
- Teets v. Great-West Life & Annuity Ins. Co., 919 F.3d 1232 (10th Cir. 2019).published
- Taylor v. McDonough, 3 F.4th 1351 (Fed. Cir. 2021).published
- Taylor v. McDonough, 71 F.4th 909 (Fed. Cir. 2023).published
- Watson v. EMC Corp., No. 22-1356 (10th Cir. Feb. 9, 2024).unpublished
- L.D. v. United Behavioral Health, No. 4:20-cv-02254 (N.D. Cal. Dec. 18, 2020).
- Haney v. United of Omaha Life Ins. Co., No. 1:21-cv-02566 (D. Colo. June 15, 2022).
- Schwartz v. Keolis Commuter Servs., LLC., No. 1:16-cv-11506 (D. Mass. Mar. 20, 2018).
- R. v. Raytheon Co., No. 1:20-cv-10153 (D. Mass. June 9, 2020).
- Reed v. MedStar Health, Inc., No. 1:20-cv-01984, 2023 WL 5154507 (D. Md. Aug. 10, 2023).
- Rust v. Bd. of Trs. of the Boilermakers-Blacksmith Union Nat'l Pension Trust, No. 1:20-cv-00195 (E.D. Mo. Feb. 9, 2021).
- Talen Montana Ret. Plan v. PPL Corp., No. 1:18-cv-00174, 2019 WL 4410347 (D. Mont. Sept. 16, 2019).
- Rose v. PSA Airlines, Inc. Grp. Ins. Plan, No. 3:19-cv-00695 (W.D.N.C. Sept. 22, 2021).
- Peters v. Aetna Inc., No. 1:15-cv-00109, 2023 WL 3829407 (W.D.N.C. June 5, 2023).
- Smirk v. Trs. of the Int'l Painters & Allied Trades Indus. Pension Plan, No. 2:19-cv-00650 (D. Nev. Nov. 12, 2020).
- Regan v. Payne, No. 2:20-cv-05423 (E.D.N.Y. July 28, 2022).
- Popovchak v. UnitedHealth Grp. Inc., 692 F. Supp. 3d 392 (S.D.N.Y. 2023).published
- Cigna Healthcare of Texas Inc. v. Trivikram Reddy, No. 3:20-cv-00077 (N.D. Tex. June 29, 2020).
- Suchin v. Fresenius Med. Care Holdings, Inc., No. 1:23-cv-01243 (D. Md. July 22, 2024).
- Pritchard v. Blue Cross Blue Shield of Illinois, No. 3:20-cv-06145 (W.D. Wash. Dec. 11, 2023).
- The S. Co. Emp. Sav. Plan v. Costa, No. 1:24-cv-00040 (S.D. Ala. Dec. 17, 2024).
- Stark v. Reliance Stand. Life Ins. Co., 142 F.4th 1252 (10th Cir. 2025).published
- B., No. 1:25-cv-03054 (N.D. Ga. Jan. 20, 2026).
- Giusti, No. 2:25-cv-01347 (E.D. La. Feb. 26, 2026).
- Fezer, No. 8:25-cv-00908 (D. Md. Apr. 16, 2026).
- Dean Williams v. Lawrence Livermore Nat'l Sec., LLC Benefits & Inv. Comm., et al., No. 3:24-cv-07593 (N.D. Cal. June 29, 2026).
- M., No. 1:22-cv-00098 (D. Utah July 29, 2026).
- Aramark Servs., Inc. f/k/a Aramark Corp., et al. v. QCC Ins. Co. D/B/A Indep. Administrators, et al., No. 2:26-cv-01664 (E.D. Pa. Aug. 13, 2026).
- Woo, No. 3:23-cv-05063 (N.D. Cal. Aug. 19, 2026).
- Cunningham, No. 1:16-cv-06525 (S.D.N.Y. Aug. 6, 2026).
- R.C. v. Blue Cross & Blue Shield of Louisiana, No. 3:23-cv-00564 (M.D. La. Aug. 30, 2024).
- Cent. States, Se. & Sw. Areas Health & Welfare Fund v. Gerber Life Ins., 771 F.3d 150 (2d Cir. 2014).published
- D'Iorio v. Winebow, Inc., 68 F. Supp. 3d 334 (E.D.N.Y. 2014).published
- Derogatis v. Bd. of Trs. of the Welfare Fund of the Int'l Union of Operating Eng'rs Local 15, 15a, 15C 15D, AFL-CIO, 385 F. Supp. 3d 308 (S.D. Ill. 2019).published
- Chesemore v. All. Holdings, Inc., 948 F. Supp. 2d 928 (W.D. Wis. 2013).published
- Watson v. Dell Tech. Inc., No. 1:19-cv-02667 (D. Colo. Nov. 16, 2020).
- Merrimon v. Unum Life Ins. Co. of Am., 845 F. Supp. 2d 310 (D. Me. 2012).published“Equity courts possessed the power to provide relief in the form of monetary ‘compensation’ for a loss resulting from a trustee’s breach of duty, or to prevent the trustee’s unjust enrichment.”
- Cent. States, Se. & Sw. Areas Health & Welfare Fund Ex Rel. Bunte v. Health Special Risk, Inc., 756 F.3d 356 (5th Cir. 2014).published“But the fact that this relief takes the form of a money payment does not remove it from the category of traditionally equitable relief.”
At page 438 Summary documents do not constitute plan terms under section 502(a)(1)(B)67 citing cases“summary documents, important as they are, provide communication with beneficiaries about the plan, but their statements do not themselves constitute the terms of the plan.”
- Stanton v. The NCR Pension Plan, No. 1:17-cv-02309 (N.D. Ga. Mar. 9, 2022). Amara, 563 U.S. at 444 (“[A]ctual harm may sometimes consist of detrimental reliance, but it might also come from the loss of a right protected by ERISA or its trust-law antecedents.”).
- Vollmer v. Xerox Corp., No. 6:20-cv-06979, 2022 WL 446628 (W.D.N.Y. Feb. 14, 2022).(the summary documents, important as they are, provide communication with beneficiaries about the plan, but that their statements do not themselves constitute the terms of the plan for purposes of § 502(a)(1)(B).)
- Bagdon v. Bank of Am. Corp., No. 2:20-cv-00446 (E.D. Pa. Sept. 30, 2021). ([S]ummary documents, important as they are, provide communication with beneficiaries about the plan, but…their statements do not themselves constitute the terms of the plan for purposes of § 502(a)(1)(B).)
- Park Avenue Aesthetic Surgery, P.C. v. Empire Blue Cross Blue Shield, No. 1:19-cv-09761, 2021 WL 665045 (S.D.N.Y. Feb. 19, 2021). See Laurent v. PricewaterhouseCoopers LLP, 945 F.3d 739, 746 (2d Cir. 2019); see also Amara, 563 U.S. at 436 (“[ERISA § 502(a)(1)(B)’s] language speaks of enforcing the terms of the plan, not of changing them.”).
- Jones v. Kohler Co. Pension Plan, 224 F. Supp. 3d 691 (E.D. Ark. 2016).published (For these reasons taken together we conclude that the summaiy documents, important as they are, provide communication with beneficiaries about the plan, but that their statements do not themselves constitute the terms…)
- Mull v. Motion Picture Indus. Health Plan, 51 F. Supp. 3d 910 (C.D. Cal. 2014).published
- Melton v. Minnesota Life Ins., No. 6:23-cv-00174 (E.D. Ky. Sept. 13, 2024).
- Jody Rose v. PSA Airlines, Inc., 80 F.4th 488 (4th Cir. 2023).published
- Russo v. Valmet Inc, No. 2:19-cv-00324 (D. Me. Aug. 26, 2021).
- In Re: DeRogatis, No. 16-977-cv, 16-3549-cv (2d Cir. Sept. 14, 2018).published
Show 57 more citing cases
- J.P. v. BCBSM, Inc., No. 0:18-cv-03472 (D. Minn. Jan. 14, 2021).
- Northwell Health Flex Benefits Plan v. Lamis, No. 1:18-cv-01178, 2019 WL 4688704 (S.D.N.Y. Sept. 25, 2019).
- Lisa Jones v. Aetna Life Ins. Co., 856 F.3d 541 (8th Cir. 2017).published
- Greenbrier Hotel Corp. v. Unite Here Health, No. 16-2116 (4th Cir. Jan. 3, 2018).unpublished
- Humana Ins. Co. of Ky. v. Whitney O'Neal, No. 17-5811 (6th Cir. Mar. 27, 2018).unpublished
- Susan Black v. Greater Bay Bancorp Plan, No. 18-15296 (9th Cir. Oct. 28, 2019).unpublished
- Cent. States Se. & S v. Shelby Haynes, 966 F.3d 655 (7th Cir. 2020).published
- Cason v. Nat'l Football League Players Ass'n, 538 F. Supp. 3d 100 (D.D.C. 2021).published
- Sandra Peters v. Aetna Inc., 2 F.4th 199 (4th Cir. 2021).published
- Patterson v. Am. Fam. Ins. Co., 2021-Ohio-3449.published
- Dana Campbell v. Hartford Life & Accident Ins. Co., No. 21-5651 (6th Cir. Mar. 3, 2022).unpublished
- Cloman Smith v. Aetna Life Ins. Co., No. 21-6143 (6th Cir. June 7, 2022).unpublished
- Bristol Sl Holdings, Inc. v. Cigna Health & Life Ins. Co., No. 23-55019 (9th Cir. May 31, 2024).unpublished
- Ferguson v. BBVA Compass Bancshares Inc, No. 2:19-cv-01135 (N.D. Ala. Feb. 19, 2021).
- Zavislak v. Netflix, Inc., No. 5:21-cv-01811 (N.D. Cal. Aug. 16, 2021).
- Baribeau v. Hartford Life & Accident Ins. Co., No. 3:20-cv-01290 (D. Conn. Sept. 7, 2022).
- Bentley v. Brainard, No. 2:23-cv-01008 (N.D. Iowa Dec. 6, 2023).
- Novosel v. Azcon In. Ret. & Benefits Comm., No. 1:21-cv-03080 (N.D. Ill. Jan. 9, 2023).
- Smith v. Lutheran Life Ministries, No. 1:21-cv-02066 (N.D. Ill. Feb. 28, 2023).
- Higgins v. The Lincoln Elec. Co., No. 5:22-cv-00088 (W.D. Ky. Sept. 1, 2023).
- Holt v. Raytheon Tech. Corp., No. 1:20-cv-11244 (D. Mass. Mar. 31, 2022).
- Jordan v.The MEBA Pension Trust, No. 1:20-cv-03649 (D. Md. Sept. 10, 2021).
- Russo v. Valmet Inc, No. 2:19-cv-00324 (D. Me. Jan. 29, 2020).
- R. v. Aetna Life Ins. Co., No. 3:20-cv-00441 (W.D.N.C. Feb. 9, 2022).
- Anjani Sinha Med. P.C. v. Empire HealthChoice Assurance, Inc., No. 1:21-cv-00138 (E.D.N.Y. Sept. 12, 2023).
- Duke v. Luxottica U.S. Holdings Corp., No. 2:21-cv-06072 (E.D.N.Y. Sept. 30, 2023).
- Nathanial L. Tindel, M.D., LLC v. Excellus Blue Cross & Blue Shield, No. 5:22-cv-00971 (N.D.N.Y. May 9, 2023).
- Lardo v. Bldg. Serv. 32BJ Pension Fund, No. 1:20-cv-05047, 2021 WL 4198233 (S.D.N.Y. Sept. 14, 2021).
- Smith v. Cigna Health & Life Ins. Co., No. 3:20-cv-00624, 2020 WL 5834786 (D. Or. Sept. 30, 2020).
- Cockerill v. Corteva, Inc., No. 2:21-cv-03966 (E.D. Pa. Nov. 17, 2023).
- McWilliams v. Geisinger Health Plan, No. 4:20-cv-01236 (M.D. Pa. May 27, 2021).
- McWilliams v. Geisinger Health Plan, No. 4:20-cv-01236 (M.D. Pa. Nov. 16, 2022).
- Aldridge v. Regions Bank, No. 3:21-cv-00082 (E.D. Tenn. June 3, 2024).
- Fracalossi v. MoneyGram Pension Plan, No. 3:17-cv-00336 (N.D. Tex. Oct. 29, 2019).
- Justman v. Prudential Ins. Co. of Am., No. 2:24-cv-04107 (E.D. Pa. Oct. 30, 2024).
- K.H.B. v. UnitedHealthcare Ins. Co., No. 2:18-cv-00795 (D. Utah Sept. 27, 2019).
- M. v. CIGNA Health & Life Ins. Co., No. 2:19-cv-00764 (D. Utah Sept. 24, 2020).
- O'Connor v. The Lincoln Nat'l Life Ins. Co., No. 1:23-cv-00343 (E.D. Va. Sept. 26, 2024).
- Swire Pac. Holdings Inc v. Jones, No. 2:19-cv-01329 (W.D. Wash. Jan. 7, 2020).
- Berceanu, Luciana v. UMR, Inc., No. 3:19-cv-00568 (W.D. Wis. Dec. 15, 2021).
- Blenko v. Cabell Huntington Hosp., Inc., No. 3:21-cv-00315 (S.D. W. Va. Oct. 8, 2021).
- Krebsbach v. Travelers Pension Plan, The, No. 0:24-cv-00257 (D. Minn. Nov. 14, 2024).
- Est. of Michael Gifford v. Operating Engineers 139 Health Benefit Fund, 126 F.4th 509 (7th Cir. 2025).published
- Metaxas v. Gateway Bank F.S.B., No. 3:20-cv-01184 (N.D. Cal. Feb. 19, 2025).
- B., No. 4:25-cv-03179 (N.D. Cal. Dec. 9, 2025).
- Jeremiah Redstone, M.D., as an authorized Rep. & attorney-in-fact of his patient D.R., & Wayne Lee, M.D., as an authorized Rep. & attorney-in-fact of his patient C.F., on behalf of themselves & on behalf of all others similarly situated v. Aetna, Inc. & Aetna Life Ins. Co., No. 2:21-cv-19434 (D.N.J. Mar. 12, 2026).
- Adams, No. 3:24-cv-00668 (M.D. La. June 9, 2026).
- Mayor, No. 1:25-cv-00012 (D. Utah June 24, 2026).
- Strong, No. 4:25-cv-12693 (E.D. Mich. July 8, 2026).
- Little, No. 1:25-cv-00456 (N.D. Ind. July 14, 2026).
- Foster v. Sedgwick Claims Mgmt. Servs., Inc., 842 F.3d 721 (D.C. Cir. 2016).published
- Nieves v. Prudential Ins. Co. of Am., 233 F. Supp. 3d 755 (D. Ariz. 2017).published
- Bertucci v. Aetna Life Ins. Co., No. 2:19-cv-10655 (E.D. La. Aug. 21, 2020).
- AETNA Life Ins. Co. v. Rosen, No. 1:19-cv-06259 (S.D.N.Y. Mar. 22, 2022).
- Rowe Plastic Surgery of New Jersey, L.L.C. & Norman Maurice Rowe, M.D., M.H.A., L.L.C. v. Aetna Health & Life Ins. Co., No. 1:22-cv-04755 (E.D.N.Y. June 26, 2026).
- Becker v. Carmen Stephanie Mays-Williams, 168 F. Supp. 3d 1325 (W.D. Wash. 2016).published“[T]he summary documents, important as they are, provide communication with beneficiaries about the plan, but.. .their statements do not themselves constitute the terms.”
- Hill v. Opus Corp., 464 B.R. 361 (C.D. Cal. 2011).published“summary documents ... do not themselves constitute the terms of the plan”
At page 439 Defining appropriate equitable relief under ERISA statutes47 citing cases[A] suit by a beneficiary against a plan fiduciary (whom ERISA typically treats as a trustee) … is the kind of lawsuit that, before the merger of law and equity, [plaintiffs] could have brought only in a court of equity, not a court of law.
- Frank William Bonan, II v. FDIC, No. 24-3296 (7th Cir. Aug. 12, 2026).published([E]nforcing fiduciary duties was equitable in English practice ….)
- Laura Divane v. Nw. Univ., 953 F.3d 980 (7th Cir. 2020).published ([A] suit by a beneficiary against a plan fiduciary (whom ERISA typically treats as a trustee) … is the kind of lawsuit that, before the merger of law and equity, [plaintiffs] could have brought only in a court of equity…)
- Urlaub v. Citgo Petroleum Corp., No. 1:21-cv-04133, 2022 WL 523129 (N.D. Ill. Feb. 22, 2022).
- In Re: DeRogatis, No. 16-977-cv, 16-3549-cv (2d Cir. Sept. 14, 2018).published
- Laurent v. PricewaterhouseCoopers LLP, 945 F.3d 739 (2d Cir. 2019).published
- Lardo v. Bldg. Serv. 32BJ Pension Fund, No. 1:20-cv-05047, 2021 WL 4198233 (S.D.N.Y. Sept. 14, 2021).
- William L. Pender v. Bank of Am. Corp., No. 17-1485 (4th Cir. June 5, 2018).unpublished
- Athene Life & Annuity Co. v. Am. Gen. Life Ins. Co., No. CA 2018-0244-SG, 2019 WL 3451376 (Del. Ch. July 31, 2019).published
- Michele Damiano v. Inst. for In Vitro Sciences, 799 F. App'x 186 (4th Cir. 2020).unpublished
- Liu v. SEC. & Exch. Comm'n, 591 U.S. 71 (2020).published
Show 35 more citing cases
- Juan Castillo v. Metro. Life Ins. Co., 970 F.3d 1224 (9th Cir. 2020).published
- SEC v. Camarco, No. 19-1486, 2021 WL 5985058 (10th Cir. Dec. 16, 2021).unpublished
- Gregg Michael Kellett, No. 21518-18 (Tax Ct. June 14, 2022).unpublished
- Sarah Simon v. Coop. Educ. Serv. Agency 5, No. 22-1035 (7th Cir. Aug. 16, 2022).published
- David Wit v. United Behavioral Health, 58 F.4th 1080 (9th Cir. 2023).published
- David Wit v. United Behavioral Health, No. 20-17363 (9th Cir. Aug. 22, 2023).published
- Laiacona v. Lincoln Life Assurance Co. of Boston, No. 2:21-cv-00222 (E.D. Cal. Oct. 7, 2021).
- In re Sutter Health ERISA Litig., No. 1:20-cv-01007, 2023 WL 1868865 (E.D. Cal. Feb. 9, 2023).
- Sargent v. S. California Edison 401(k) Sav. Plan, No. 3:20-cv-01296 (S.D. Cal. Feb. 2, 2021).
- Garthwait v. Eversource Energy Serv. Co., No. 3:20-cv-00902 (D. Conn. Dec. 7, 2022).
- Romano v. John Hancock Life Ins. Co. (USA), No. 1:19-cv-21147 (S.D. Fla. Mar. 12, 2021).
- Williams v. Shapiro, 724 F. Supp. 3d 1295 (N.D. Ga. 2024).published
- Laborers' Pension Fund v. Rai Concrete, Inc., No. 1:17-cv-08748 (N.D. Ill. Sept. 11, 2021).
- Blackburn v. Reliance Stand. Life Ins. Co., No. 4:22-cv-00095 (W.D. Ky. Nov. 18, 2022).
- Tracey v. Massachusetts Inst. of Tech., No. 1:16-cv-11620 (D. Mass. Feb. 28, 2019).
- Moitoso v. FMR LLC, 410 F. Supp. 3d 320 (D. Mass. 2019).published
- Jackson v. Pers. Rep. of Donald Comb, No. 1:23-cv-12208 (D. Mass. Apr. 3, 2024).
- Knepper v. Volvo Grp. North Am., No. 1:18-cv-02879, 2019 WL 4750337 (D. Md. Sept. 27, 2019).
- Chavis v. Plumbers & Steamfitters Local 486 Pension Plan, No. 1:17-cv-02729 (D. Md. Mar. 27, 2020).
- Chavis v. Plumbers & Steamfitters Local 486 Pension Plan, No. 1:17-cv-02729 (D. Md. Apr. 13, 2020).
- Schkloven v. Hartford Life & Accident Ins. Co., No. 1:21-cv-00600 (D. Md. July 21, 2022).
- Dep't of Labor v. Craftsman Indep. Union, No. 1:11-cv-00087 (E.D. Mo. Oct. 22, 2021).
- Faith Reg'l Health Servs. v. Ironshore Indem., Inc., No. 8:20-cv-00444 (D. Neb. June 30, 2021).
- Vasu v. Combi Packaging Sys. LLC, No. 5:18-cv-01889 (N.D. Ohio May 25, 2020).
- Evans v. UnitedHealthcare of Oklahoma Inc., No. 4:20-cv-00670 (N.D. Okla. Apr. 1, 2021).
- Walsh v. Great Atl. Graphics, Inc., No. 2:21-cv-03280 (E.D. Pa. Sept. 19, 2022).
- Williams v. Centerra Grp., LLC, 579 F. Supp. 3d 778 (D.S.C. 2022).published
- Wilson v. Kleinsasser, No. 4:20-cv-04009 (D.S.D. June 25, 2020).
- Bonner v. SYG Assocs., INC, 498 F. Supp. 3d 859 (E.D. Va. 2020).published
- Swartzendruber v. Sentara RMH Med. Ctr., No. 5:22-cv-00055 (W.D. Va. Sept. 26, 2023).
- Fred G. v. Anthem Blue Cross Life & Health Ins. Co., No. 2:22-cv-05710 (C.D. Cal. July 7, 2025).
- Bowers v. Russell, No. 1:22-cv-10457 (D. Mass. Sept. 5, 2025).
- Orrison v. Mayo Clinic, No. 0:24-cv-01124 (D. Minn. Sept. 19, 2025).
- Scentsy, Inc. v. Blue Cross of Idaho Health Serv., Inc., No. 1:23-cv-00552 (D. Idaho Sept. 3, 2026).
- Vigil, No. 1:25-cv-01323 (D.N.M. Sept. 25, 2026).
At page 436 Enforcing plan terms versus altering plan terms under ERISA37 citing cases“the statutory language speaks of 'enforcing' the 'terms of the plan,' not of changing them.”
- Sarno v. Sun Life & Health Ins. Co. (U.S.), No. 2:22-cv-00968 (E.D.N.Y. Mar. 31, 2024). ([The] statutory language of [§ 1132(a)(1)(B)] speaks of ‘enforc[ing]’ the ‘terms of the plan,’ not of changing them.)
- Park Avenue Aesthetic Surgery, P.C. v. Empire Blue Cross Blue Shield, No. 1:19-cv-09761, 2021 WL 665045 (S.D.N.Y. Feb. 19, 2021). ([ERISA § 502(a)(1)(B)’s] language speaks of enforcing the terms of the plan, not of changing them.)
- DaVita, Inc. v. Marietta Mem. Hosp., 978 F.3d 326 (6th Cir. 2020).published Should DaVita succeed upon remand, “[o]nly injunctive relief of the type available under § 1132(a)(3) will provide the complete relief sought by [DaVita] by requiring [the Plan] to alter the manner in which it administers [dialysis claims]…
- Rapp v. Henkel of Am., Inc., No. 3:18-cv-01656 (D. Conn. Sept. 18, 2019).(The statutory language speaks of ‘enforc[ing]’ the ‘terms of the plan,’ not of changing them.)
- Holmes v. Colorado Coalition for the Homeless Long Term Disability Plan, 762 F.3d 1195 (10th Cir. 2014).published In Amara, the Supreme Court clarified that the requirements of an ERISA plan must be based on the terms of the plan document, which do not include the summary plan description in all circumstances.2 131 S. Ct. at 1878 (“[S]ummary documents…
- Hockenstein v. Cigna Health & Life Ins. Co., No. 1:22-cv-04046 (S.D.N.Y. Sept. 19, 2023).(e statutory language speaks of ‘enforc[ing]’ the ‘terms of the plan,’ not of changing them…)
- Jody Rose v. PSA Airlines, Inc., 80 F.4th 488 (4th Cir. 2023).published
- Sevely v. the Bank of New York Mellon Co., 794 F. App'x 34 (2d Cir. 2019).unpublished
- Fogle v. IBM Corp., No. 8:19-cv-02896 (M.D. Fla. Apr. 15, 2020).
- Margery Newman v. Metro. Life Ins. Co, No. 17-1844 (7th Cir. Mar. 22, 2018).published
Show 27 more citing cases
- In Re: DeRogatis, No. 16-977-cv, 16-3549-cv (2d Cir. Sept. 14, 2018).published
- Jayson Crawford v. Sw. Airln Co. Bd of Trst, No. 17-11058 (5th Cir. Nov. 28, 2018).unpublished
- Laurent v. PricewaterhouseCoopers LLP, 945 F.3d 739 (2d Cir. 2019).published
- Kathy Hayes v. Prudential Ins. Co. of Am., 60 F.4th 848 (4th Cir. 2023).published
- Curtis v. Aetna Life Ins. Co., No. 3:19-cv-01579 (D. Conn. Mar. 18, 2021).
- Lines v. Hartford Fin. Servs. Grp., Inc., No. 3:21-cv-00029 (D. Conn. Feb. 10, 2022).
- Wright v. Elton Corp., No. 1:17-cv-00286 (D. Del. Mar. 29, 2022).
- Vanusanik v. PriceWaterhouseCoopers LLP, No. 8:20-cv-02839 (M.D. Fla. Sept. 17, 2021).
- Wildy v. The Prudential Ins. Co. of Am., No. 1:18-cv-08247 (N.D. Ill. Aug. 26, 2019).
- Wisbar v. Blue Cross Blue Shield of Texas, No. 3:20-cv-00732 (M.D. La. Sept. 27, 2021).
- MacNaughton v. The Paul Revere Life Ins. Co., No. 4:19-cv-40016 (D. Mass. Nov. 8, 2021).
- Open MRI & Imaging of RP Vestibular Diagnostics, P.A. v. Cigna Health & Life Ins. Co., No. 2:20-cv-10345 (D.N.J. May 18, 2022).
- Frazer v. Bakery & Drivers Local 550 & Indus. Health Benefit & Pension Fund, No. 2:21-cv-00402 (E.D.N.Y. Apr. 5, 2023).
- The Med. Soc'y of the State of New York v. UnitedHealth Grp. Inc., No. 1:16-cv-05265 (S.D.N.Y. Sept. 11, 2019).
- Klancar v. The Hartford Life & Accident Ins. Co., No. 1:20-cv-00730 (S.D. Ohio July 21, 2021).
- Little v. Siskin Hosp. for Physical Rehab., Inc., No. 1:20-cv-00109 (E.D. Tenn. Aug. 31, 2021).
- Haynes v. KONE, Inc. Employees' Ret. Plan, No. 1:21-cv-06647 (N.D. Ill. June 27, 2024).
- Bowers v. Russell, No. 1:22-cv-10457 (D. Mass. Jan. 16, 2025).
- B. v. Blue Cross Blue Shield of North Carolina, No. 1:24-cv-00896 (M.D.N.C. Sept. 30, 2025).
- Connor, No. 3:25-cv-01836 (D. Or. Feb. 25, 2026).
- Hammell v. Pilot Prods., Inc., No. 24-3283 (2d Cir. Mar. 3, 2026).unpublished
- Shmaruk, No. 2:23-cv-22609 (D.N.J. Feb. 17, 2026).
- Acosta v. Saakvitne, 355 F. Supp. 3d 908 (D. Haw. 2019).published
- R.C. v. Blue Cross & Blue Shield of Louisiana, No. 3:23-cv-00564 (M.D. La. Aug. 30, 2024).
- Pedersen v. Kinder Morgan, Inc., No. 4:21-cv-03590 (S.D. Tex. Aug. 12, 2022).
- Pedersen v. Kinder Morgan, Inc., No. 4:21-cv-03590 (S.D. Tex. Aug. 18, 2022).
- Schorsch v. Reliance Stand. Life Ins., 693 F.3d 734 (7th Cir. 2012).published“ERISA § 102(a) ... obliges plan administrators to furnish summary plan descriptions”
At page 440 Defining traditional equitable remedies and powers31 citing casesThe power to reform contracts (as contrasted with the power to enforce contracts as written) is a traditional power of an equity court . . . and was used to prevent fraud.
- Navarro v. Wells Fargo & Co., No. 0:24-cv-03043, 2025 WL 897717 (D. Minn. Mar. 24, 2025).(The power to reform contracts (as contrasted with the power to enforce contracts as written) is a traditional power of an equity court . . . and was used to prevent fraud.)
- Sommer v. Regence BlueCross BlueShield of Oregon, No. 3:23-cv-01140 (D. Or. Dec. 9, 2024). (Equity courts possess[] the power to provide relief in the form of monetary ‘compensation’ for a loss resulting from a trustee’s breach of duty, or to prevent the trustee’s unjust enrichment.)
- Aramark Servs., Inc. Grp. Health Plan v. AETNA Life Ins. Co., No. 2:23-cv-00446 (E.D. Tex. Apr. 26, 2024).([T]he fact that this relief takes the form of a money payment does not remove it from the category of traditionally equitable relief.)
- Greenwell v. Grp. Health Plan for Employees of Sensus USA Inc., 505 F. Supp. 3d 594 (E.D.N.C. 2020).published(Equity courts possessed the power to provide relief in the form of monetary ‘compensation’ for a loss resulting from a trustee’s breach of duty, or to prevent the trustee’s unjust enrichment. Indeed, prior to the merge…)
- DaVita, Inc. v. Marietta Mem. Hosp., 978 F.3d 326 (6th Cir. 2020).published ([A] maxim of equity states that equity suffers not a right to be without a remedy.)
- Laura Divane v. Nw. Univ., 953 F.3d 980 (7th Cir. 2020).published See CIGNA Corp. v. Amara, 563 U.S. 421, 439 (2011) (“[A] suit by a beneficiary against a plan fiduciary (whom ERISA typically treats as a trustee) … is the kind of lawsuit that, before the merger of law and equity, [plaintiffs] could have b…
- Arrabelle at Vail Square Residential Condo. Ass'n, Inc. v. Arrabelle at Vail Square LLC, 2016 COA 123, 382 P.3d 1275.published “the power.to reform contracts (as contrasted with the power to enforce contracts as written) is a traditional power of an equity court, not a court of law, and was used to prevent fraud,”
- Raniero Gimeno v. NCHMD, Inc., 38 F.4th 910 (11th Cir. 2022).published
- Urlaub v. Citgo Petroleum Corp., No. 1:21-cv-04133, 2022 WL 523129 (N.D. Ill. Feb. 22, 2022).
- Laurent v. PricewaterhouseCoopers LLP, 945 F.3d 739 (2d Cir. 2019).published
Show 21 more citing cases
- Suchin v. Fresenius Med. Care Holdings, Inc., 715 F. Supp. 3d 703 (D. Md. 2024).published
- Russo v. Valmet Inc, No. 2:19-cv-00324 (D. Me. Jan. 29, 2020).
- Sarah Simon v. Coop. Educ. Serv. Agency 5, No. 22-1035 (7th Cir. Aug. 16, 2022).published
- Knepper v. Volvo Grp. North Am., No. 1:18-cv-02879, 2019 WL 4750337 (D. Md. Sept. 27, 2019).
- Northrop Grumman Sys. Corp. v. United States, No. 12-286 (Fed. Cl. Oct. 31, 2018).published
- Sullivan-Mestecky v. Verizon, 961 F.3d 91 (2d Cir. 2020).published
- Trs. of the NYSNAPP v. White Oak Glob. Adv., No. 22-1783 (2d Cir. May 21, 2024).published
- Gomo v. NetApp, Inc., No. 5:17-cv-02990 (N.D. Cal. Sept. 12, 2019).
- Gomo v. NetApp, Inc., No. 5:17-cv-02990 (N.D. Cal. Nov. 16, 2022).
- Turner v. Liberty Mut. Ret. Benefit Plan, No. 1:20-cv-11530 (D. Mass. Aug. 11, 2023).
- Tap Rock Resources LLC v. Marathon Oil Permian LLC, No. 2:23-cv-00850 (D.N.M. Nov. 30, 2023).
- Sec'y of U.S. Dep't of Labor v. Kavalec, No. 1:19-cv-00968 (N.D. Ohio Apr. 7, 2020).
- Tap Rock Resources LLC v. Marathon Oil Permian LLC, No. 4:23-cv-04518 (S.D. Tex. Nov. 30, 2023).
- E. v. California Physicians Serv., No. 2:19-cv-00415 (D. Utah July 30, 2020).
- Morris v. Aurora Network Plan, Part of the Aurora Health Care, Inc Health & Welfare Plan, No. 2:19-cv-01210 (E.D. Wis. June 8, 2020).
- Meucci v. Aurora Health Plan, No. 2:19-cv-01188 (E.D. Wis. June 8, 2020).
- Duke v. Luxottica U.S. Holdings Corp., No. 2:21-cv-06072 (E.D.N.Y. Nov. 27, 2024).
- Watson v. Dell Tech. Inc., No. 1:19-cv-02667 (D. Colo. May 7, 2025).
- Chaudron, No. 2:25-cv-00073 (E.D. Tenn. Oct. 22, 2025).
- McKee Foods Corp. v. BFP Inc., 173 F.4th 242 (6th Cir. 2026).published
- Magdalasov, No. 2:25-cv-13824 (D.N.J. July 13, 2026).unpublished
At page 442 Equitable surcharge remedy for fiduciary breaches31 citing cases[T]he fact that the defendant . . . is analogous to a trustee makes a critical difference.
- Washington v. Lenzy Fam. Inst., Inc., No. 5:21-cv-01102 (N.D. Ohio Aug. 19, 2024). “insofar as an award of make-whole relief is concerned, the fact that the defendant in this case, unlike the defendant in Mertens, is analogous to a trustee makes a critical difference”
- The Depot, Inc. v. Caring for Montanans, Inc., 915 F.3d 643 (9th Cir. 2019).published([T]he fact that the defendant . . . is analogous to a trustee makes a critical difference.)
- Divane v. Nw. Univ., No. 1:16-cv-08157 (N.D. Ill. Apr. 25, 2018).(prior to the merger of law and equity this kind of monetary remedy against a trustee, sometimes called a ‘surcharge,’ was ‘exclusively equitable.’)
- Jody Rose v. PSA Airlines, Inc., 80 F.4th 488 (4th Cir. 2023).published
- Jerry Aldridge v. Regions Bank, 144 F.4th 828 (6th Cir. 2025).published
- William L. Pender v. Bank of Am. Corp., No. 17-1485 (4th Cir. June 5, 2018).unpublished
- Tracey v. Massachusetts Inst. of Tech., No. 1:16-cv-11620 (D. Mass. Feb. 28, 2019).
- Vigil, No. 1:25-cv-01323 (D.N.M. Sept. 25, 2026).
- Trs. of the NYSNAPP v. White Oak Glob. Adv., No. 22-1783 (2d Cir. May 21, 2024).published
- Haney v. United of Omaha Life Ins. Co., No. 1:21-cv-02566 (D. Colo. June 15, 2022).
Show 21 more citing cases
- Aramark Servs., Inc. f/k/a Aramark Corp., et al. v. QCC Ins. Co. D/B/A Indep. Administrators, et al., No. 2:26-cv-01664 (E.D. Pa. Aug. 13, 2026).
- Susan Staropoli v. Metro. Life Ins. Co, No. 21-2500 (3d Cir. Feb. 7, 2023).unpublished
- Mabry v. Conocophillips Alaska, No. 3:20-cv-00039, 2021 WL 189144 (D. Alaska Jan. 19, 2021).
- Trovato v. Prudential Ins. Co. Of Am., No. 1:17-cv-11428, 2018 WL 813368 (D. Mass. Feb. 9, 2018).
- Brent S. v. Blue Cross Blue Shield of Massachusetts, No. 1:17-cv-11569 (D. Mass. July 19, 2019).
- Moitoso v. FMR LLC, 451 F. Supp. 3d 189 (D. Mass. 2020).published
- Acosta v. WH Administrators, Inc., 449 F. Supp. 3d 506 (D. Md. 2020).published
- Hainey v. SAG-AFTRA Health Plan, No. 8:21-cv-02618, 2023 WL 3645514 (D. Md. May 25, 2023).
- Thomas v. Saber Healthcare Grp., LLC, No. 3:18-cv-00344 (W.D.N.C. Aug. 11, 2020).
- Advanced Orthopedics & Sports Med. Inst. v. Blue Cross Blue Shield of Alabama, No. 3:20-cv-03545 (D.N.J. May 28, 2021).unpublished
- Collins v. Anthem, Inc., No. 2:20-cv-01969 (E.D.N.Y. Feb. 24, 2022).
- Principal Life Ins. Co. v. Howard-Kembitzky, No. 2:22-cv-03421 (S.D. Ohio Oct. 2, 2023).
- Metaxas v. Gateway Bank F.S.B., No. 3:20-cv-01184 (N.D. Cal. July 18, 2024).
- Harmon v. Shell Oil Co., No. 3:20-cv-00021, 2023 WL 2474503 (S.D. Tex. Mar. 13, 2023).
- S. v. Health Sav. Account HSA Plan A119 of Inmoment, No. 2:18-cv-00672 (D. Utah Jan. 29, 2021).
- Berkelhammer v. ADP Totalsource Grp., Inc., No. 2:20-cv-05696 (D.N.J. Dec. 26, 2024).
- The Expo Grp. LLC v. Purdy, No. 3:23-cv-02043 (N.D. Tex. Feb. 20, 2025).
- Cramer v. Stand. Life Ins. Co. of Am., No. 3:25-cv-00384 (S.D. Cal. May 28, 2025).
- Oneto v. Watson, No. 3:22-cv-05206 (N.D. Cal. Oct. 10, 2025).
- Douglas A. Lee, et al. v. R&R Home Care, Inc., et al., No. 2:24-cv-00836 (E.D. La. Oct. 16, 2025).
- Acosta, No. 1:22-cv-01458 (N.D. Ill. Mar. 31, 2026).
131 S. Ct. at 1878 Defining the scope of summary plan document statements31 citing cases[S]ummary documents, important as they are, provide communication with beneficiaries about the plan, but ... their statements do not themselves constitute the terms of the plan....
- Gregory Gabriel v. Alaska Elec. Pension Fund, No. 12-35458 (9th Cir. Dec. 16, 2014).published Because such a lawsuit would fall outside of traditional equitable jurisprudence, the “make-whole relief” in that case constituted compensatory damages against a nonfiduciary, which “traditionally speaking, was legal, not equitable, in nat…
- Holmes v. Colorado Coalition for the Homeless Long Term Disability Plan, 762 F.3d 1195 (10th Cir. 2014).published ([S]ummary documents, important as they are, provide communication with beneficiaries about the plan, but . . . their statements do not themselves constitute the terms of the plan . . . .)
- Deborah Kenseth v. Dean Health Plan, Inc., 722 F.3d 869 (7th Cir. 2013).published Cigna, 131 S. Ct. at 1880 (“But the fact that this relief takes the form of a money payment does not remove it from the category of traditionally equitable relief.”).
- Amara v. Cigna Corp., 925 F. Supp. 2d 242 (D. Conn. 2012).published See Amara III, 131 S.Ct. at 1880 (“[T]he fact that this relief takes the form of a money payment does not remove it from the category of traditionally equitable relief.”).
- Margaret Lipker v. AK Steel Corp., 698 F.3d 923 (6th Cir. 2012).published
- Gregory Gabriel v. Alaska Elec. Pension Fund, 755 F.3d 647 (9th Cir. 2014).published
- Merigan v. Liberty Life Assurance Co., 826 F. Supp. 2d 388 (D. Mass. 2011).published
- Kaufmann v. Prudential Ins. Co. of Am., 840 F. Supp. 2d 495 (D.N.H. 2012).published
- Nancy Koehler v. Aetna Health, Inc., 683 F.3d 182 (5th Cir. 2012).published
- Nancy Koehler v. Aetna Health, Inc., No. 11-10458 (5th Cir. June 15, 2012).published
Show 19 more citing cases
- Debbie McCravy v. Metro. Life Ins. Co, 690 F.3d 176 (4th Cir. 2012).published
- Helton v. AT & T Inc., 709 F.3d 343 (4th Cir. 2013).published
- Deleon v. U.S. Airways, Inc., No. 2012-0503 (D.D.C. Jan. 31, 2014).published
- Todd Rochow v. Life Ins. Co. of North Am., 780 F.3d 364 (6th Cir. 2015).published
- Michael Stiso v. Int'l Steel Grp., No. 13-3503 (6th Cir. Mar. 25, 2015).unpublished
- Yafei Huang v. Life Ins. Co. of North Am., 801 F.3d 892 (8th Cir. 2015).published
- Kimberly Frazier v. Life Ins. Co. of North Am., 725 F.3d 560 (6th Cir. 2013).published
- Randy Pearce v. Chrysler Grp. LLC Pension Plan, 615 F. App'x 342 (6th Cir. 2015).unpublished
- Phillips, Joann v. Metro. Life Ins. Co. & Verizon Emp. Benefits, No. 05-11-00678-CV (Tex. App.—Dallas July 3, 2013).published
- Tuttle v. Varian Med. Sys. Inc., 15 F. Supp. 3d 944 (D. Ariz. 2013).published
- Caudle v. Life Ins. Co. of North Am., 33 F. Supp. 3d 1288 (N.D. Ala. 2014).published
- L.B. ex rel. Brock v. United Behavioral Health, Inc., 47 F. Supp. 3d 349 (W.D.N.C. 2014).published
- Mull v. Motion Picture Indus. Health Plan, 51 F. Supp. 3d 910 (C.D. Cal. 2014).published
- Langlois v. Metro. Life Ins., 833 F. Supp. 2d 1182 (N.D. Cal. 2011).published
- Cent. States, Se. & Sw. Area Health, & Welfare Fund v. Gerber Life Ins., 984 F. Supp. 2d 246 (S.D.N.Y. 2013).published
- Trs. of the 1199SEIU Nat'l Benefit Fund for Health & Human Serv. Employees v. Cotto, No. 1:18-cv-07123 (E.D.N.Y. Sept. 28, 2020).
- Melton v. Minnesota Life Ins., No. 6:23-cv-00174 (E.D. Ky. Sept. 13, 2024).
- Aramark Servs. v. Aetna Life Ins, No. 24-40323 (5th Cir. Dec. 18, 2025).published
- All. Coal, LLC v. Larry Smith & Dusty L. McCoy, No. 0:26-cv-00010 (E.D. Ky. Feb. 9, 2026).
At page 437 Distinguishing sponsor's role from administrator's role22 citing cases[W]e have no reason to believe that [ERISA] intends . . . to giv[e] the administrator the power to set terms indirectly by including them in the summary plan description.
- Bagdon v. Bank of Am. Corp., No. 2:20-cv-00446 (E.D. Pa. Sept. 30, 2021). CIGNA Corp. v. Amara, 563 U.S. 421, 438 (2011) (“[S]ummary documents, important as they are, provide communication with beneficiaries about the plan, but…their statements do not themselves constitute the terms of the plan for purposes of §…
- Emp. Benefit Plan of Compass Grp. USA, Inc. v. Marino, No. 3:14-cv-00389 (D. Conn. Sept. 30, 2019).([W]e have no reason to believe that [ERISA] intends . . . to giv[e] the administrator the power to set terms indirectly by including them in the summary plan description.)
- Silvia Sepulveda-Rodriguez v. Metro. Life Ins. Co, 936 F.3d 723 (8th Cir. 2019).published
- Mlk, Jr. Cmty. Hosp. v. Cmty. Ins. Co., No. 19-55053 (9th Cir. Oct. 2, 2020).unpublished
- Navicent Health, Inc. v. Fady S. Wanna, No. A20A1401 (Ga. Ct. App. Oct. 21, 2020).published
- Weiss v. Banner Health, 846 F. App'x 636 (10th Cir. 2021).unpublished
- Alan Carlson v. Northrop Grumman Severance Plan, 67 F.4th 871 (7th Cir. 2023).published
- Eric Patterson v. United Healthcare Ins. Co., 76 F.4th 487 (6th Cir. 2023).published
- Suchin v. Fresenius Med. Care Holdings, Inc., 715 F. Supp. 3d 703 (D. Md. 2024).published
- J.P. v. BCBSM, Inc., No. 0:18-cv-03472 (D. Minn. Jan. 14, 2021).
Show 12 more citing cases
- E.S. v. Marsh & Mclennan Companies, Inc. Benefits Admin. Comm., No. 2:17-cv-03351 (D.N.J. Aug. 20, 2019).unpublished
- Atl. Shore Surgical Assocs. v. United Healthcare Ins. Co., No. 3:20-cv-03065, 2021 WL 2411373 (D.N.J. June 14, 2021).
- Mayer v. Aetna Inc., No. 3:15-cv-02595 (D.N.J. June 21, 2021).unpublished
- Halberg v. United Behavioral Health, No. 1:16-cv-06622 (E.D.N.Y. Sept. 30, 2019).
- Campbell v. We Transp., Inc., No. 1:18-cv-05354 (E.D.N.Y. Mar. 31, 2020).
- Northwell Health Flex Benefits Plan v. Lamis, No. 1:18-cv-01178, 2019 WL 4688704 (S.D.N.Y. Sept. 25, 2019).
- DeCristofaro v. Citizens Fin. Grp., Inc., No. 1:21-cv-00184 (D.R.I. June 2, 2022).
- Rai Care Centers of Maryland I, LLC v. United States Off. of Pers. Mgmt., No. 2018-3151 (D.D.C. Aug. 7, 2024).published
- J. v. BlueCross BlueShield of Texas, No. 3:22-cv-01919 (N.D. Tex. May 24, 2023).
- Oakman v. Int'l United Auto. Aerospace & Agric. Workers, No. 1:23-cv-00026 (W.D. Ky. Aug. 6, 2025).
- Marchetti, No. 3:22-cv-01527 (D. Conn. Jan. 15, 2026).
- James A. Stempel v. Unum Life Ins. Co. of Am., No. 1:24-cv-06077 (N.D. Ill. Aug. 4, 2026).
131 S. Ct. at 1881 Showing harm requirement for relief and surcharge20 citing casesTo the extent any such [harm] requirement arises, it is because the specific remedy being contemplated imposes such a requirement.
- Gregory Gabriel v. Alaska Elec. Pension Fund, No. 12-35458 (9th Cir. Dec. 16, 2014).published Because such a lawsuit would fall outside of traditional equitable jurisprudence, the “make-whole relief” in that case constituted compensatory damages against a nonfiduciary, which “traditionally speaking, was legal, not equitable, in nat…
- Holmes v. Colorado Coalition for the Homeless Long Term Disability Plan, 762 F.3d 1195 (10th Cir. 2014).published In Amara, the Supreme Court clarified that the requirements of an ERISA plan must be based on the terms of the plan document, which do not include the summary plan description in all circumstances.2 131 S. Ct. at 1878 (“[S]ummary documents…
- Laurent v. PriceWaterhouseCoopers LLP, 963 F. Supp. 2d 310 (S.D.N.Y. 2013).published (To the extent any such [harm] requirement arises, it is because the specific remedy being contemplated imposes such a requirement.)
- Deborah Kenseth v. Dean Health Plan, Inc., 722 F.3d 869 (7th Cir. 2013).published Cigna, 131 S. Ct. at 1880 (“But the fact that this relief takes the form of a money payment does not remove it from the category of traditionally equitable relief.”).
- Amara v. Cigna Corp., 925 F. Supp. 2d 242 (D. Conn. 2012).published See Amara III, 131 S.Ct. at 1880 (“[T]he fact that this relief takes the form of a money payment does not remove it from the category of traditionally equitable relief.”).
- Clark v. Feder Semo & Bard, P.C., 895 F. Supp. 2d 7 (D.D.C. 2012).published See Clark IV, 808 F.Supp.2d at 224-26 (relying on Varity Corp. and CIGNA); see also CIGNA 131 S.Ct. at 1879 (“The case before us concerns a suit by a beneficiary against a plan fiduciary (whom ERISA typically treats as a trustee) about the…
- Todd Rochow v. Life Ins. Co. of North Am., 780 F.3d 364 (6th Cir. 2015).published
- Ret. Comm. of Dak Americas LLC v. Smith, 135 F. Supp. 3d 396 (E.D.N.C. 2015).published
- Silva v. Metro. Life Ins., 762 F.3d 711 (8th Cir. 2014).published
- Perry v. Int'l Bhd. of Teamsters, 118 F. Supp. 3d 1 (D.D.C. 2015).published
Show 10 more citing cases
- Geoffrey Moyle v. Liberty Mut. Ret. Plan, 823 F.3d 948 (9th Cir. 2016).published
- Echague v. Metro. Life Ins., 43 F. Supp. 3d 994 (N.D. Cal. 2014).published
- Haung v. Life Ins. Co. of North Am., 47 F. Supp. 3d 890 (E.D. Mo. 2014).published
- Zisk v. Gannett Co. Income Prot. Plan, 73 F. Supp. 3d 1115 (N.D. Cal. 2014).published
- DeFazio v. Hollister, Inc., 854 F. Supp. 2d 770 (E.D. Cal. 2012).published
- French v. Dade Behring Life Ins. Plan, 906 F. Supp. 2d 571 (M.D. La. 2012).published
- D'Iorio v. Winebow, Inc., 920 F. Supp. 2d 313 (E.D.N.Y. 2013).published
- Miles v. Corning Inc. Long Term Disability Plan, 948 F. Supp. 2d 295 (W.D.N.Y. 2013).published
- Davidson v. Henkel Corp., 302 F.R.D. 427 (E.D. Mich. 2014).published
- Sims v. Amer. Postal Workers, et al., 2013 DNH 115 (D.N.H. 2013).published
At page 444 Determining the standard for surcharging a fiduciary20 citing cases[A] fiduciary can be surcharged under § [1132](a)(3) only upon a showing of actual harm—proved (under the default rule for civil cases) by a preponderance of the evidence. That actual harm may . . . come from the loss of a right protected by ERISA[.]
- Sommer v. Regence BlueCross BlueShield of Oregon, No. 3:23-cv-01140 (D. Or. Dec. 9, 2024). In CIGNA Corp. v. Amara, the Supreme Court identified three additional equitable remedies under ERISA: (1) the power to reform contracts in the event of fraud or mistake, (2) estoppel, and (3) surcharge. 563 U.S. 421, 440-42 (2011) (“Equit…
- S. v. Premera Blue Cross, No. 2:19-cv-00199 (D. Utah June 21, 2022). ([A] fiduciary can be surcharged under §502(a)(3) [i.e. 29 U.S.C. § 1132 (a)(3)] only upon a showing of actual harm—proved (under the default rule for civil cases) by a preponderance of the evidence.)
- Stanton v. The NCR Pension Plan, No. 1:17-cv-02309 (N.D. Ga. Mar. 9, 2022). ([A]ctual harm may sometimes consist of detrimental reliance, but it might also come from the loss of a right protected by ERISA or its trust-law antecedents.)
- McCoy v. Raytheon Co., No. 1:19-cv-10328 (D. Mass. Nov. 30, 2021). See id. at 445 (“Information- related circumstances, violations, and injuries are potentially too various in nature to insist that harm must always meet that more vigorous ‘detrimental harm’ standard when equity imposed no such strict requ…
- Fracalossi v. MoneyGram Pension Plan, No. 3:17-cv-00336, 2021 WL 5505604 (N.D. Tex. Nov. 24, 2021). ([A] plan participant or beneficiary must show that the violation injured him or her. But to do so, he or she need only show harm and causation.)
- Mccarrin v. Pollera, No. 2:17-cv-01691 (E.D. Pa. Sept. 30, 2019).([A] fiduciary can be surcharged under § [1132](a)(3) only upon a showing of actual harm—proved (under the default rule for civil cases) by a preponderance of the evidence. That actual harm may . . . come from the loss…)
- Kushner v. Nationwide Mut. Ins. Co., No. 2:17-cv-00715 (S.D. Ohio Sept. 26, 2019).([T]o obtain relief by surcharge for violations of §§ 102(a) and 104(b), a plan participant or beneficiary must show that the violation injured him or her.)
- Guenther v. BP Retr Accumulation, No. 24-20551 (5th Cir. July 14, 2026).unpublished
- Serv. Employees Int'l Union Nat'l Indus. Pension Fund v. Jersey City Healthcare Providers, LLC, No. 2017-1657 (D.D.C. Feb. 13, 2019).published
- Bailey v. United States, No. 21-CO-26 & 21-CO-27 (D.C. June 3, 2021).published
Show 10 more citing cases
- United States v. Davis, 16 F.4th 1192 (5th Cir. 2021).published
- United States v. Davis, No. 20-30593 (5th Cir. Nov. 22, 2021).published
- United States v. Crown Cork & Seal USA, Inc., 2023 CIT 25 (Ct. Intl. Trade 2023).published
- Tisha Entz v. Stand. Ins. Co., No. 5:19-cv-00402 (C.D. Cal. Sept. 11, 2020).
- Lundstrom v. Young, 419 F. Supp. 3d 1241 (S.D. Cal. 2019).published
- Manuel v. Turner Indus. Grp., LLC, No. 3:14-cv-00599 (M.D. La. Feb. 13, 2023).
- Marlowe v. WebMD Health, No. 1:22-cv-03284 (S.D.N.Y. Sept. 22, 2023).
- Crabbe v. The Procter & Gamble Co., No. 1:19-cv-00893 (S.D. Ohio Jan. 4, 2021).
- Tavares v. Bose Corp., No. 1:22-cv-10719 (D. Mass. Sept. 11, 2024).
- SEC v. Timothy Barton, 135 F.4th 206 (5th Cir. 2025).published
131 S. Ct. at 1880 Equitable relief for breach of fiduciary duty in monetary form18 citing casesThus, insofar as an award of make-whole relief is concerned, the fact that the defendant in this case, unlike the defendant in Mertens, is analogous to a trustee makes a critical difference.
- Gregory Gabriel v. Alaska Elec. Pension Fund, No. 12-35458 (9th Cir. Dec. 16, 2014).published (Thus, insofar as an award of make-whole relief is concerned, the fact that the defendant in this case, unlike the defendant in Mertens, is analogous to a trustee makes a critical difference.)
- Gabriel v. Alaska Elec. Pension Fund, 773 F.3d 945 (9th Cir. 2014).published (Thus, insofar as an award of make-whole relief is concerned, the fact that the defendant in this case, unlike the defendant in Mertens , is analogous to a trustee makes a critical difference.)
- Deborah Kenseth v. Dean Health Plan, Inc., 722 F.3d 869 (7th Cir. 2013).published (But the fact that this relief takes the form of a money payment does not remove it from the category of traditionally equitable relief.)
- Amara v. Cigna Corp., 925 F. Supp. 2d 242 (D. Conn. 2012).published ([T]he fact that this relief takes the form of a money payment does not remove it from the category of traditionally equitable relief.)
- US Airways, Inc. v. McCutchen, 663 F.3d 671 (3d Cir. 2011).published (Section 502(a)(3) invokes the equitable powers of the District Court.)
- Clark v. Feder, Semo & Bard, P.C., 808 F. Supp. 2d 219 (D.D.C. 2011).published (Equity courts possessed the power to provide relief in the form of monetary ‘compensation’ for a loss resulting from a trustee’s breach of duty, or to prevent the trustee’s unjust enrichment.)
- Clark v. Feder Semo & Bard, P.C., No. 2007-0470 (D.D.C. Sept. 7, 2011).published (Equity courts possessed the power to provide relief in the form of monetary 'compensation' for a loss resulting from a trustee's breach of duty, or to prevent the trustee's unjust enrichment.)
- Gregory Gabriel v. Alaska Elec. Pension Fund, 755 F.3d 647 (9th Cir. 2014).published
- Cgi Tech. & Solutions v. Rhonda Rose, 683 F.3d 1113 (9th Cir. 2012).published
- Nat'l Sec. Sys., Inc. v. Iola, 700 F.3d 65 (3d Cir. 2012).published
Show 7 more citing cases
- Merrill Haviland v. Metro. Life Ins. Co., 730 F.3d 563 (6th Cir. 2013).published
- Todd Rochow v. Life Ins. Co. of N. Am., 737 F.3d 415 (6th Cir. 2013).published
- James Killian v. Concert Health Plan, No. 11-1112 (7th Cir. Nov. 7, 2013).published
- Salvador Silva v. Metro. Life Ins. Co, No. 13-2233 (8th Cir. Aug. 7, 2014).published
- Paul v. Detroit Edison Co., 94 F. Supp. 3d 880 (E.D. Mich. 2015).published
- Ret. Comm. of Dak Americas LLC v. Smith, 135 F. Supp. 3d 396 (E.D.N.C. 2015).published
- Silva v. Metro. Life Ins., 762 F.3d 711 (8th Cir. 2014).published
At page 435 Analyzing statutory authority to reform plan terms16 citing casesThe statutory language speaks of enforc[ing] the terms of the plan, not of changing them.
- Eula Elazouzi v. Aetna Life Ins. Co., No. 5:22-cv-00858 (C.D. Cal. Dec. 7, 2023).(The statutory language speaks of enforc[ing] the terms of the plan, not of changing them.)
- Fracalossi v. MoneyGram Pension Plan, No. 3:17-cv-00336, 2021 WL 5505604 (N.D. Tex. Nov. 24, 2021). Therefore, the Court finds that Fracalossi’s potentially recoverable harm, the loss of benefits, did not “result[] from” any of the alleged misrepresentations in the 2012 or 2014 summary plan descriptions.92 In contrast, there is a causal…
- Jody Rose v. PSA Airlines, Inc., 80 F.4th 488 (4th Cir. 2023).published
- Raniero Gimeno v. NCHMD, Inc., 38 F.4th 910 (11th Cir. 2022).published
- Sevely v. the Bank of New York Mellon Co., 794 F. App'x 34 (2d Cir. 2019).unpublished
- Plotnick v. Comput. Sciences Corp., 182 F. Supp. 3d 573 (E.D. Va. 2016).published
- Fogle v. IBM Corp., No. 8:19-cv-02896 (M.D. Fla. Apr. 15, 2020).
- Urlaub v. Citgo Petroleum Corp., No. 1:21-cv-04133, 2022 WL 523129 (N.D. Ill. Feb. 22, 2022).
- Russo v. Valmet Inc, No. 2:19-cv-00324 (D. Me. Aug. 26, 2021).
- Mccullough v. UFCW Local 152 Retail Meat Pension Fund, No. 1:17-cv-06578 (D.N.J. June 27, 2019).
Show 6 more citing cases
- Whetstone v. Howard Univ., No. 2023-2409 (D.D.C. Sept. 12, 2024).published
- S. v. Premera Blue Cross, No. 2:19-cv-00199 (D. Utah Apr. 7, 2020).
- Curtis v. Komatsu U.S. Pension Plan, No. 2:20-cv-01611 (E.D. Wis. June 8, 2022).
- Presnal v. Dearborn Nat'l Life Ins. Co., No. 3:23-cv-00290 (N.D. Ind. Aug. 15, 2025).
- Thomas v. Amazon, No. 4:21-cv-02997 (S.D. Tex. Sept. 28, 2025).
- Pedersen, No. 4:21-cv-03590 (S.D. Tex. Aug. 10, 2026).
At page 443 Determining equitable relief requirements under ERISA17 citing cases[W]hen a court exercises its authority under § 502(a)(3) to impose a remedy - 30 - equivalent to estoppel, a showing of detrimental reliance must be made. But this showing is not always necessary for other equitable remedies.
- Ministeri v. Reliance Stand. Life Ins. Co., 42 F.4th 14 (1st Cir. 2022).published([W]hen a court exercises its authority under § 502(a)(3) to impose a remedy - 30 - equivalent to estoppel, a showing of detrimental reliance must be made. But this showing is not always necessary for other equitable re…)
- McCoy v. Raytheon Co., No. 1:19-cv-10328 (D. Mass. Nov. 30, 2021). See id. at 445 (“Information- related circumstances, violations, and injuries are potentially too various in nature to insist that harm must always meet that more vigorous ‘detrimental harm’ standard when equity imposed no such strict requ…
- Hammell v. Pilot Prods., Inc., No. 24-3283 (2d Cir. Mar. 3, 2026).unpublished
- Fracalossi v. MoneyGram Pension Plan, No. 3:17-cv-00336 (N.D. Tex. Oct. 29, 2019).
- Blenko v. Cabell Huntington Hosp., Inc., No. 3:21-cv-00315 (S.D. W. Va. Oct. 8, 2021).
- Metaxas v. Gateway Bank F.S.B., No. 3:20-cv-01184 (N.D. Cal. Feb. 19, 2025).
- Williams v. Centerra Grp., LLC, 579 F. Supp. 3d 778 (D.S.C. 2022).published
- Schwartz v. Keolis Commuter Servs., LLC., No. 1:16-cv-11506 (D. Mass. Mar. 20, 2018).
- Trovato v. Prudential Ins. Co. Of Am., No. 1:17-cv-11428, 2018 WL 813368 (D. Mass. Feb. 9, 2018).
- Douglas A. Lee, et al. v. R&R Home Care, Inc., et al., No. 2:24-cv-00836 (E.D. La. Oct. 16, 2025).
Show 6 more citing cases
- Andre Deschamps v. Bridgestone Americas, Inc., No. 15-6112 (6th Cir. Oct. 19, 2016).published
- Jillian York v. Wellmark, 965 F.3d 633 (8th Cir. 2020).published
- Wright v. Elton Corp., No. 1:17-cv-00286 (D. Del. Jan. 25, 2023).
- Manuel v. Turner Indus. Grp., LLC, No. 3:14-cv-00599 (M.D. La. Mar. 29, 2021).
- Stark v. Reliance Stand. Life Ins. Co., No. 5:23-cv-00967 (W.D. Okla. June 14, 2024).
- Rappaport v. Guardian Life Ins. Co. of Am., No. 1:22-cv-08100 (S.D.N.Y. Apr. 21, 2025).
131 S. Ct. at 1877 Determining if plan summaries are legally binding plan terms14 citing casesrejecting the use of non-plan summary documents to create new or different plan terms
- Holmes v. Colorado Coalition for the Homeless Long Term Disability Plan, 762 F.3d 1195 (10th Cir. 2014).published In Amara, the Supreme Court clarified that the requirements of an ERISA plan must be based on the terms of the plan document, which do not include the summary plan description in all circumstances.2 131 S. Ct. at 1878 (“[S]ummary documents…
- Gabriel v. Alaska Elec. Pension Fund, 773 F.3d 945 (9th Cir. 2014).published Because such a lawsuit would fall outside of traditional equitable jurisprudence, the “make-whole relief’ in that case constituted compensatory damages against a nonfiduciary, which “traditionally speaking, was legal, not equitable, in nat…
- Kitterman v. Coventry Health Care of Iowa, Inc., 788 F. Supp. 2d 892 (N.D. Iowa 2011).published (To make the language of a plan summary legally binding could well lead plan administrators to sacrifice simplicity and comprehensibility in order to describe plan terms in the language of lawyers.)
- Foster v. PPG Indus., Inc., 693 F.3d 1226 (10th Cir. 2012).published
- Gregory Gabriel v. Alaska Elec. Pension Fund, 755 F.3d 647 (9th Cir. 2014).published
- Shirley Temme v. Bemis Co., Inc., 762 F.3d 544 (7th Cir. 2014).published
- Bd. of Trs. of the Nat'l Elevator Indus. Health Benefit Plan v. Robert Montanile, 593 F. App'x 903 (11th Cir. 2014).unpublished
- Rhea v. Alan Ritchey, Inc., 85 F. Supp. 3d 870 (E.D. Tex. 2015).published
- Merigan v. Liberty Life Assurance Co., 826 F. Supp. 2d 388 (D. Mass. 2011).published
- Joyner v. Cont'l Cas. Co., 837 F. Supp. 2d 233 (S.D.N.Y. 2011).published
Show 4 more citing cases
- Kaufmann v. Prudential Ins. Co. of Am., 840 F. Supp. 2d 495 (D.N.H. 2012).published
- Durham v. Prudential Ins. Co. of Am., 890 F. Supp. 2d 390 (S.D.N.Y. 2012).published
- Fulghum v. Embarq Corp., 938 F. Supp. 2d 1090 (D. Kan. 2013).published
- Campbell v. Hartford Life & Accident Ins. Co., No. 5:18-cv-00194 (E.D. Ky. June 8, 2021).
131 S. Ct. at 1879 Equitable powers regarding contract reformation and relief14 citing casesstating that contract reformation is within the equita- ble powers of the district court
- Monper v. Boeing Co., 104 F. Supp. 3d 1170 (W.D. Wash. 2015).published ([A] maxim of equity states that equity suffers not a right to be without a remedy)
- Clark v. Feder Semo & Bard, P.C., 895 F. Supp. 2d 7 (D.D.C. 2012).published (The case before us concerns a suit by a beneficiary against a plan fiduciary (whom ERISA typically treats as a trustee) about the terms of a plan (which ERISA typically treats as a trust).)
- Bilyeu v. Morgan Stanley Long Term Disability Plan, 683 F.3d 1083 (9th Cir. 2012).published ([T]raditionally speaking, relief that sought a lien or a con- structive trust was legal relief, not equitable relief, unless the funds in question were particular funds or property in the defendant’s possession.)
- US Airways, Inc. v. McCutchen, 663 F.3d 671 (3d Cir. 2011).published Indeed, it would be strange for Congress to have intended that relief under § 502(a)(3) be limited to traditional equitable categories, but not limited by other equitable doctrines and defenses that were traditionally applicable to those c…
- Gonzales v. Autozoners, LLC, 860 F. Supp. 2d 333 (S.D. Tex. 2012).published
- Gregory Gabriel v. Alaska Elec. Pension Fund, 755 F.3d 647 (9th Cir. 2014).published
- Cgi Tech. & Solutions v. Rhonda Rose, 683 F.3d 1113 (9th Cir. 2012).published
- Osberg v. Foot Locker, Inc., 555 F. App'x 77 (2d Cir. 2014).unpublished
- Lanpher v. Metro. Life Ins., 50 F. Supp. 3d 1122 (D. Minn. 2014).published
- Rogers v. UnitedHealth Grp., Inc., 144 F. Supp. 3d 792 (D.S.C. 2015).published
Show 3 more citing cases
- Vega-Ortiz v. Cooperativa de Seguros Multiples de Puerto Rico, No. 3:19-cv-02056 (D.P.R. Nov. 24, 2021).
- Bunker v. CIGNA Health Mgmt., Inc., No. 4:19-cv-04128 (D.S.D. June 24, 2020).
- Simon, Sarah v. Coop. Educ. Serv. Agency 5, No. 3:18-cv-00909 (W.D. Wis. May 21, 2021).
At page 425 Determining relief standard under equitable ERISA provisions10 citing casesdiscussing the same
- Walter Dean v. Nat'l Prod. Workers Un, 46 F.4th 535 (7th Cir. 2022).published
- Jody Rose v. PSA Airlines, Inc., 80 F.4th 488 (4th Cir. 2023).published
- Scheinoff v. Zelnick, Mann, & Winikur, P.C., No. 2:20-cv-03103 (E.D. Pa. Nov. 25, 2020).
- Callery v. ExxonMobil Corp., No. 4:21-cv-01086 (S.D. Tex. Aug. 20, 2021).
- E. v. Anthem Blue Cross & Blue Shield, No. 1:24-cv-01266 (E.D. Va. Mar. 25, 2025).
- Emmett Casey, Jr. v. CONSOL Energy, Inc., No. 24-2106 (4th Cir. Mar. 3, 2026).unpublished
- Emmett Casey, Jr. v. CONSOL Energy, Inc., No. 24-2105 (4th Cir. Mar. 3, 2026).unpublished
- Benny Fitzwater v. CONSOL Energy, Inc., No. 24-2091 (4th Cir. Mar. 3, 2026).unpublished
- Benny Fitzwater v. CONSOL Energy, Inc., No. 24-2088 (4th Cir. Mar. 3, 2026).unpublished
- Burton as Tr. of the EB Trust v. Chase Point Unit Owners Ass'n, No. 24-CV-1122 & 24-CV-1168 (D.C. Aug. 20, 2026).published
131 S. Ct. at 1871 Authorizing district court relief under ERISA provisions5 citing cases
- Deborah Kenseth v. Dean Health Plan, Inc., 722 F.3d 869 (7th Cir. 2013).published Cigna, 131 S. Ct. at 1880 (“But the fact that this relief takes the form of a money payment does not remove it from the category of traditionally equitable relief.”).
- Amara v. Cigna Corp., 925 F. Supp. 2d 242 (D. Conn. 2012).published See Amara III, 131 S.Ct. at 1880 (“[T]he fact that this relief takes the form of a money payment does not remove it from the category of traditionally equitable relief.”).
- Zalduondo v. Aetna Life Ins., 941 F. Supp. 2d 125 (D.D.C. 2013).published
- Kifafi v. Hilton Hotel Retire, No. 1998-1517 (D.D.C. Nov. 23, 2011).published
- Santos v. Minnesota Life Ins. Co., No. 4:20-cv-06707 (N.D. Cal. Nov. 15, 2021).
131 S. Ct. at 1876 Interpreting statutory language regarding plan terms5 citing casesreviewing whether plan participants could “recover benefits based on faulty disclosures
- Holmes v. Colorado Coalition for the Homeless Long Term Disability Plan, 762 F.3d 1195 (10th Cir. 2014).published In Amara, the Supreme Court clarified that the requirements of an ERISA plan must be based on the terms of the plan document, which do not include the summary plan description in all circumstances.2 131 S. Ct. at 1878 (“[S]ummary documents…
- Amara v. Cigna Corp., 925 F. Supp. 2d 242 (D. Conn. 2012).published See Amara III, 131 S.Ct. at 1880 (“[T]he fact that this relief takes the form of a money payment does not remove it from the category of traditionally equitable relief.”).
- EUGENE S. v. Horizon Blue Cross Blue Shield, 663 F.3d 1124 (10th Cir. 2011).published
- Margaret Lipker v. AK Steel Corp., 698 F.3d 923 (6th Cir. 2012).published
- Gonzales v. Autozoners, LLC, 860 F. Supp. 2d 333 (S.D. Tex. 2012).published
131 S. Ct. at 1874 Reformation based on intentional misleading by employer3 citing cases
- Laurent v. PriceWaterhouseCoopers LLP, 963 F. Supp. 2d 310 (S.D.N.Y. 2013).published See CIGNA 131 S.Ct. at 1881 (“To the extent any such [harm] requirement arises, it is because the specific remedy being contemplated imposes such a requirement.”).
- Humana Health Plan, Inc. v. Nguyen, 17 F. Supp. 3d 638 (S.D. Tex. 2014).published
- Malbrough v. Kanawha Ins., 943 F. Supp. 2d 684 (W.D. La. 2013).published
131 S. Ct. at 1884 Discussing the scope of judicial relief under statutory provisions3 citing cases
- Amara v. Cigna Corp., 925 F. Supp. 2d 242 (D. Conn. 2012).published See Amara III, 131 S.Ct. at 1880 (“[T]he fact that this relief takes the form of a money payment does not remove it from the category of traditionally equitable relief.”).
- Aramark Servs. v. Aetna Life Ins, No. 24-40323 (5th Cir. Dec. 18, 2025).published
- Teisman v. United of Omaha Life Ins., 908 F. Supp. 2d 875 (W.D. Mich. 2012).published
At page 426 Describing pre-existing defined-benefit retirement plan structure3 citing casesthe interested reader can find a more thorough description in two District Court opinions, which set forth that court’s findings reached after a lengthy trial.…
- Raniero Gimeno v. NCHMD, Inc., 38 F.4th 910 (11th Cir. 2022).published
- Jerry Aldridge v. Regions Bank, 144 F.4th 828 (6th Cir. 2025).published
- Guenther v. BP Retr Accumulation, No. 24-20551 (5th Cir. July 14, 2026).unpublished
At page 431 Misleading plan descriptions violating employee rights3 citing cases“a phenomenon known in pension jargon as 'wear away.”
- Jerry Aldridge v. Regions Bank, 144 F.4th 828 (6th Cir. 2025).published
- Nolan v. Detroit Edison Co., No. 2:18-cv-13359 (E.D. Mich. July 5, 2022).
- Nolan v. Detroit Edison Co., No. 2:18-cv-13359 (E.D. Mich. July 14, 2022).
At page 445 Information- related circumstances, violations, and injuries are potentially too various in nature to insist that harm must always meet that more vigorous ‘detrimental harm’ standard when equity imposed no such strict requirement.3 citing cases
- McCoy v. Raytheon Co., No. 1:19-cv-10328 (D. Mass. Nov. 30, 2021). (Information- related circumstances, violations, and injuries are potentially too various in nature to insist that harm must always meet that more vigorous ‘detrimental harm’ standard when equity imposed no such strict…)
- Clark v. Feder, Semo & Bard, P.C., 808 F. Supp. 2d 219 (D.D.C. 2011).published “Information-related circumstances, violations, and injuries are potentially too various in nature to insist that harm must always meet that more vigorous ‘detrimental harm’ standard when equity imposed no such strict r…”
- Clark v. Feder Semo & Bard, P.C., No. 2007-0470 (D.D.C. Sept. 7, 2011).published “Information-related -17- circumstances, violations, and injuries are potentially too various in nature to insist that harm must always meet that more vigorous 'detrimental harm' standard when equity imposed no such str…”
At page 449 Distinguishing holding from dicta regarding statutory relief3 citing casesMore fundamentally, the holding/dicta distinction demands that we consider binding only that which was necessary to resolve the question before the [Supreme] Court . . . . Any speculation regarding the circumstances under which race could be used was little more than an advisory opinion.
- Preterm-Cleveland v. Stephanie McCloud, 994 F.3d 512 (6th Cir. 2021).published (More fundamentally, the holding/dicta distinction demands that we consider binding only that which was necessary to resolve the question before the [Supreme] Court . . . . Any speculation regarding the circumstances un…)
- Bonner v. SYG Assocs., INC, 498 F. Supp. 3d 859 (E.D. Va. 2020).published
131 S. Ct. at 1883 An SPD is separate from a plan and cannot amend a plan unless the plan so provides.1 citing case
- Shoop v. Life Ins. Co. of North Am., 839 F. Supp. 2d 830 (E.D. Va. 2011).published (An SPD is separate from a plan and cannot amend a plan unless the plan so provides.)
At page 430 “most individuals are risk averse”1 citing case
- Kirtsaeng v. John Wiley & Sons, Inc., 579 U.S. 197 (2016).published “most individuals are risk averse”
Other citing cases
- Dialysis Newco, Inc. v. Commty Hlth Sys Tr, 938 F.3d 246 (5th Cir. 2019).published
v.
AMARA Et Al., Individually and on Behalf of All Others Similarly Situated
Lead Opinion
delivered the opinion of the Court.
In 1998, petitioner CIGNA Corporation changed the nature of its basic pension plan for employees. Previously, the plan provided a retiring employee with a defined benefit in the form of an annuity calculated on the basis of his preretirement salary and length of service. The new plan provided most retiring employees with a (lump sum) cash balance calculated on the basis of a defined annual contribution from CIGNA as increased by compound interest. Because many employees had already earned at least some old-plan benefits, the new plan translated already-earned benefits into an opening amount in the employee’s cash balance account.
Respondents, acting on behalf of approximately 25,000 beneficiaries of the CIGNA Pension Plan (which is also a petitioner here), challenged CIGNA’s adoption of the new plan. They claimed in part that CIGNA had failed to give them proper notice of changes to their benefits, particularly because the new plan in certain respects provided them with less generous benefits. See Employee Retirement Income Security Act of 1974 (ERISA), §§ 102(a), 104(b), 88 Stat. 841,[*425] 848, as amended, § 204(h), as added, 100 Stat. 243, and as amended, 29 U. S. C. §§ 1022(a), 1024(b), 1054(h).
The District Court agreed that the disclosures made by CIGNA violated its obligations under ERISA. In determining relief, the court found that CIGNA’s notice failures had caused the employees “likely harm.” The court then reformed the new plan and ordered CIGNA to pay benefits accordingly. It found legal authority for doing so in ERISA § 502(a)(1)(B), 29 U. S. C. § 1132(a)(1)(B) (authorizing a plan “participant or beneficiary” to bring a “civil action” to “recover benefits due to him under the terms of his plan”).
We agreed to decide whether the District Court applied the correct legal standard, namely, a “likely harm” standard, in determining that CIGNA’s notice violations caused its employees sufficient injury to warrant legal relief. To reach that question, we must first consider a more general matter — whether the ERISA section just mentioned (ERISA’s recovery-of-benefits-due provision, § 502(a)(1)(B)) authorizes entry of the relief the District Court provided. We conclude that it does not authorize this relief. Nonetheless, we find that a different equity-related ERISA provision, to which the District Court also referred, authorizes forms of relief similar to those that the court entered. § 502(a)(3), 29 U. S. C. § 1132(a)(3).
Section 502(a)(3) authorizes “appropriate equitable relief” for violations of ERISA. Accordingly, the relevant standard of harm will depend upon the equitable theory by which the District Court provides relief. We leave it to the District Court to conduct that analysis in the first instance, but we identify equitable principles that the court might apply on remand.
I
Because our decision rests in important part upon the circumstances present here, we shall describe those circumstances in some detail. We still simplify in doing so. But[*426] the interested reader can find a more thorough description in two District Court opinions, which set forth that court’s findings reached after a lengthy trial. See 559 F. Supp. 2d 192 (Conn. 2008); 534 F. Supp. 2d 288 (Conn. 2008).
A
Under CIGNA’s pre-1998 defined-benefit retirement plan, an employee with at least five years’ service would receive an annuity annually paying an amount that depended upon the employee’s salary and length of service. Depending on when the employee had joined CIGNA, the annuity would equal either (1) 2 percent of the employee’s average salary over his final three years with CIGNA, multiplied by the number of years worked (up to 30); or (2) l[2] /3 percent of the employee’s average salary over his final five years with CIGNA, multiplied by the number of years worked (up to 35). Calculated either way, the annuity would approach 60 percent of a longtime employee’s final salary. A well-paid longtime employee, earning, say, $160,000 per year, could receive a retirement annuity paying the employee about $96,000 per year until his death. The plan offered many employees at least one other benefit: They could retire early, at age 55, and receive an only-somewhat-redueed annuity.
In November 1997, CIGNA sent its employees a newsletter announcing that it intended to put in place a new pension plan. The new plan would substitute an “account balance plan” for CIGNA’s pre-existing defined-benefit system. App. 991a (emphasis deleted). The newsletter added that the old plan would end on December 31, 1997, that CIGNA would introduce (and describe) the new plan sometime during 1998, and that the new plan would apply retroactively to January 1, 1998.
Eleven months later CIGNA filled in the details. Its new plan created an individual retirement account for each employee. (The account consisted of a bookkeeping entry backed by a CIGNA-funded trust.) Each year CIGNA[*427] would contribute to the employee’s individual account an amount equal to between 3 percent and 8.5 percent of the employee’s salary, depending upon age, length of service, and certain other factors. The account balance would earn compound interest at a rate equal to the return on 5-year treasury bills plus one-quarter percent (but no less than 4.5 percent and no greater than 9 percent). Upon retirement the employee would receive the amount then in his or her individual account — in the form of either a lump sum or whatever annuity the lump sum then would buy. As promised, CIGNA would open the accounts and begin to make contributions as of January 1, 1998.
But what about the retirement benefits that employees had already earned prior to January 1,1998? CIGNA promised to make an initial contribution to the individual’s account equal to the value of that employee’s already-earned benefits. And the new plan set forth a method for calculating that initial contribution. The method consisted of calculating the amount as of the employee’s (future) retirement date of the annuity to which the employee’s salary and length of service already (i. e., as of December 31,1997) entitled him and then discounting that sum to its present (1 e., January 1, 1998) value.
An example will help: Imagine an employee born on January 1, 1966, who joined CIGNA in January 1991 on his 25th birthday, and who (during the five years preceding the plan changeover) earned an average salary of $100,000 per year. As of January 1,1998, the old plan would have entitled that employee to an annuity equal to $100,000 times 7 (years then worked) times 1% percent, or $11,667 per year — when he retired in 2031 at age 65. The 2031 price of an annuity paying $11,667 per year until death depends upon interest rates and mortality assumptions at that time. If we assume the annuity would pay 7 percent until the holder’s death (and we use the mortality assumptions used by the plan, see App. 407a (incorporating the mortality table prescribed by Rev.[*428] Rul. 95-6,1995-1 Cum. Bull. 80)), then the 2081 price of such an annuity would be about $120,500. And CIGNA should initially deposit in this individual’s account on January 1, 1998, an amount that will grow to become $120,500, 33 years later, in 2031, when the individual retires. If we assume a 5 percent average interest rate, then that amount presently (i. e., as of January 1,1998) equals about $24,000. And (with one further mortality-related adjustment that we shall describe infra, at 429-430) that is the amount, more or less, that the new plan’s transition rules would have required CIGNA initially to deposit. Then CIGNA would make further annual deposits, and all the deposited amounts would earn compound interest. When the employee retired, he would receive the resulting lump sum.
The new plan also provided employees a guarantee: An employee would receive upon retirement either (1) the amount to which he or she had become entitled as of January 1, 1998, or (2) the amount then in his or her individual account, whichever was greater. Thus, the employee in our example would receive (in 2031) no less than an annuity paying $11,667 per year for life.
B
1
The District Court found that CIGNA’s initial descriptions of its new plan were significantly incomplete and misled its employees. In November 1997, for example, CIGNA sent the employees a newsletter that said the new plan would “significantly enhance” its “retirement program,” would produce “an overall improvement in... retirement benefits,” and would provide “the same benefit security” with “steadier benefit growth.” App. 990a, 991a, 993a. CIGNA also told its employees that they would “see the growth in [their] total retirement benefits from CIGNA every year,” id., at 952a, that its initial deposit “represented] the full value of the benefit [they] earned for service before 1998,” Record E-503[*429] (Exh. 98), and that “[o]ne advantage the company will not get from the retirement program changes is cost savings,” App. 993a.
In fact, the new plan saved the company $10 million annually (though CIGNA later said it devoted the savings to other employee benefits). Its initial deposit did not “represen[t] the full value of the benefit” that employees had “earned for service before 1998.” And the plan made a significant number of employees worse off in at least the following specific ways:
First, the initial deposit calculation ignored the fact that the old plan offered many CIGNA employees the right to retire early (beginning at age 55) with only-somewhat-reduced benefits. This right was valuable. For example, as of January 1, 1998, respondent Janice Amara had earned vested age-55 retirement benefits of $1,833 per month, but CIGNA’s initial deposit in her new-plan individual retirement account (ignoring this benefit) would have allowed her at age 55 to buy an annuity benefit of only $900 per month.
Second, as we previously indicated but did not explain, supra, at 428, the new plan adjusted CIGNA’s initial deposit downward to account for the fact that, unlike the old plan’s lifetime annuity, an employee’s survivors would receive the new plan’s benefits (namely, the amount in the employee’s individual account) even if the employee died before retiring. The downward adjustment consisted of multiplying the otherwise-required deposit by the probability that the employee would live until retirement — a 90 percent probability in the example of our 32-year-old, supra, at 427-428. And that meant that CIGNA’s initial deposit in our example — the amount that was supposed to grow to $120,500 by 2031 — would be less than $22,000, not $24,000 (the number we computed). The employee, of course, would receive a benefit in return — namely, a form of life insurance. But at least some employees might have preferred the retirement[*430] benefit and consequently could reasonably have thought it important to know that the new plan traded away one-tenth of their already-earned benefits for a life insurance policy that they might not have wanted.
Third, the new plan shifted the risk of a fall in interest rates from CIGNA to its employees. Under the old plan, CIGNA had to buy a retiring employee an annuity that paid a specified sum irrespective of whether falling interest rates made it more expensive for CIGNA to pay for that annuity. And falling interest rates also meant that any sum CIGNA set aside to buy that annuity would grow more slowly over time, thereby requiring CIGNA to set aside more money to make any specific sum available at retirement. Under the new plan CIGNA did not have to buy a retiring employee an annuity that paid a specific sum. The employee would simply receive whatever sum his account contained. And falling interest rates meant that the account’s lump sum would earn less money each year after the employee retired. Annuities, for example, would become more expensive (any fixed purchase price paying for less annual income). At the same time falling interest meant that the individual account would grow more slowly over time, leaving the employee with less money at retirement.
Of course, interest rates might rise instead of fall, leaving CIGNA’s employees better off under the new plan. But the latter advantage does not cancel out the former disadvantage, for most individuals are risk averse. And that means that most of CIGNA’s employees would have preferred that CIGNA, rather than they, bear these risks.
The amounts likely involved are significant. If, in our example, interest rates between 1998 and 2031 averaged 4 percent rather than the 5 percent we assumed, and if in 2031 annuities paid 6 percent rather than the 7 percent we assumed, then CIGNA would have had to make an initial deposit of $35,500 (not $24,000) to assure that employee the[*431] $11,667 annual annuity payment to which he had already become entitled. Indeed, that $24,000 that CIGNA would have contributed (leaving aside the life-insurance problem) would have provided enough money to buy (in 2031) an annuity that assured the employee an annual payment of only about $8,000 (rather than $11,667).
We recognize that the employee in our example (like others) might have continued to work for CIGNA after January 1,1998; and he would thereby eventually have earned a pension that, by the time of his retirement, was worth far more than $11,667. But that is so because CIGNA made an additional contribution for each year worked after January 1, 1998. If interest rates fell (as they did), it would take the employee several additional years of work simply to catch up (under the new plan) to where he had already been (under the old plan) as of January 1,1998 — a phenomenon known in pension jargon as “wear away,” see 534 F. Supp. 2d, at 303-304 (referring to respondents’ requiring 6 to 10 years to catch up).
The District Court found that CIGNA told its employees nothing about any of these features of the new plan — which individually and together made clear that CIGNA’s descriptions of the plan were incomplete and inaccurate. The District Court also found that CIGNA intentionally misled its employees. A focus group and many employees asked CIGNA, for example, to “ ‘[djisclose details’ ” about the plan, to provide “‘individual comparisons,’” or to show “‘[a]n actual projection for retirement.’” Id., at 342. But CIGNA did not do so. Instead (in the words of one internal document), it “ ‘focus[ed] on NOT providing employees before and after samples of the Pension Plan changes.’ ” Id., at 343.
The District Court concluded, as a matter of law, that CIGNA’s representations (and omissions) about the plan, made between November 1997 (when it announced the plan) and December 1998 (when it put the plan into effect) violated:
[*432] (1) ERISA §204(h), implemented by Treas. Reg. § 1.411(d)-6, 26 CFR § 1.411(d)-6 (2000), which (as it existed at the relevant time) forbade an amendment of a pension plan that would “provide for a significant reduction in the rate of future benefit accrual” unless the plan administrator also sent a “written notice” that provided either the text of the amendment or summarized its likely effects, 29 U. S. C. § 1054(h) (2000 ed.) (amended 2001); Treas. Reg. § 1.411(d) — 6, Q&A-10, 63 Fed. Reg. 68682 (1998); and
(2) ERISA §§ 102(a) and 104(b), which require a plan administrator to provide beneficiaries with summary plan descriptions and with summaries of material modifications, “written in a maimer calculated to be understood by the average plan participant,” that are “sufficiently accurate and comprehensive to reasonably apprise such participants and beneficiaries of their rights and obligations under the plan,” 29 U. S. C. §§ 1022(a), 1024(b) (2006 ed. and Supp. III).
2
The District Court then turned to the remedy. First, the court agreed with CIGNA that only employees whom CIGNA’s disclosure failures had harmed could obtain relief. But it did not require each individual member of the relevant CIGNA employee class to show individual injury. Rather, it found (1) that the evidence presented had raised a presumption of “likely harm” suffered by the members of the relevant employee class, and (2) that CIGNA, though free to offer contrary evidence in respect to some or all of those employees, had failed to rebut that presumption. It concluded that this unrebutted showing was sufficient to warrant class-applicable relief.
Second, the court noted that § 204(h) had been interpreted by the Second Circuit to permit the invalidation of plan amendments not preceded by a proper notice, prior to the 2001 amendment that made this power explicit. 559 F. Supp. 2d, at 207 (citing Frommert v. Conkright, [*433] 433 F. 3d 254, 263 (2006)); see 29 U. S. C. § 1054(h)(6) (2006 ed.) (entitling participants to benefits “without regard to [the] amendment” in case of an “egregious failure”). But the court also thought that granting this relief here would harm, not help, the injured employees. That is because the notice failures all concerned the new plan that took effect in December 1998. The court thought that the notices in respect to the freezing of old-plan benefits, effective December 31, 1997, were valid. To strike the new plan while leaving in effect the frozen old plan would not help CIGNA’s employees.
The court considered treating the November 1997 notice as a sham or treating that notice and the later 1998 notices as part and parcel of a single set of related events. But it pointed out that respondents “ha[d] argued none of these things.” 559 F. Supp. 2d, at 208. And it said that the court would “not make these arguments now on [respondents’] behalf.” Ibid.
Third, the court reformed the terms of the new plan’s guarantee. It erased the portion that assured participants who retired the greater of “A” (that which they had already earned as of December 31,1997, under the old plan, $11,667 in our example) or “B” (that which they would earn via CIGNA’s annual deposits under the new plan, including CIGNA’s initial deposit). And it substituted a provision that would guarantee each employee “A” (that which they had already earned, as of December 31, 1997, under the old plan) plus “B” (that which they would earn via CIGNA’s annual deposits under the new plan, excluding CIGNA’s initial deposit). In our example, the District Court’s remedy would no longer force our employee to choose upon retirement either an $11,667 annuity or his new-plan benefits (including both CIGNA’s annual deposits and CIGNA’s initial deposit). It would give him an $11,667 annuity plus his new-plan benefits (with CIGNA’s annual deposits but without CIGNA’s initial deposit).
[*434] Fourth, the court “order[ed] and enjoin[ed] the CIGNA Plan to reform its records to reflect that all class members . . . now receive [the just described] A + B’ benefits,” and that it pay appropriate benefits to those class members who had already retired. Id., at 222.
Fifth, the court held that ERISA § 502(a)(1)(B) provided the legal authority to enter this relief. That provision states that a “civil action may be brought” by a plan “participant or beneficiary ... to recover benefits due to him under the terms of his plan.” 29 U. S. C. § 1132(a)(1)(B). The court wrote that its orders in effect awarded “benefits under the terms of the plan” as reformed. 559 F. Supp. 2d, at 212.
At the same time the court considered whether ERISA § 502(a)(3) also provided legal authority to enter this relief. That provision states that a civil action may be brought
“by a participant, beneficiary, or fiduciary (A) to enjoin any act or practice which violates any provision of this subchapter 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 subchapter or the terms of the plan.” 29 U. S. C. § 1132(a)(3) (emphasis added).
The District Court decided not to answer this question because (1) it had just decided that the same relief was available under § 502(a)(1)(B), regardless, cf. Varity Corp. v. Howe, 516 U. S. 489, 515 (1996); and (2) the Supreme Court has “issued several opinions ... that have severely curtailed the kinds of relief that are available under § 502(a)(3),” 559 F. Supp. 2d, at 205 (citing Sereboff v. Mid Atlantic Medical Services, Inc., 547 U. S. 356 (2006); Great-West Life & Annuity Ins. Co. v. Knudson, 534 U. S. 204 (2002); and Mertens v. Hewitt Associates, 508 U. S. 248 (1993)).
3
The parties cross-appealed the District Court’s judgment. The Court of Appeals for the Second Circuit issued a brief[*435] summary order, rejecting all their claims, and affirming “the judgment of the district court for substantially the reasons stated” in the District Court’s “well-reasoned and scholarly opinions.” 348 Fed. Appx. 627 (2009). The parties filed cross-petitions for writs of certiorari in this Court. We granted the request in CIGNA’s petition to consider whether a showing of “likely harm” is sufficient to entitle plan participants to recover benefits based on faulty disclosures.
II
CIGNA in the merits briefing raises a preliminary question. Brief for Petitioners 13-20. It argues first and foremost that the statutory provision upon which the District Court rested its orders, namely, the provision for recovery of plan benefits, § 502(a)(1)(B), does not in fact authorize the District Court to enter the kind of relief it entered here. And for that reason, CIGNA argues, whether the District Court did or did not use a proper standard for determining harm is beside the point. We believe that this preliminary question is closely enough related to the question presented that we shall consider it at the outset.
A
The District Court ordered relief in two steps. Step 1: It ordered the terms of the plan reformed (so that they provided an “A plus B,” rather than a “greater of A or B” guarantee). Step 2: It ordered the plan administrator (which it found to be CIGNA) to enforce the plan as reformed. One can fairly describe step 2 as consistent with § 502(a)(1)(B), for that provision grants a participant the right to bring a civil action to “recover benefits due . . . under-the terms of his plan.” 29 U. S. C. § 1132(a)(1)(B). And step 2 orders recovery of the benefits provided by the “terms of [the] plan” as reformed.
But what about step 1? Where does § 502(a)(1)(B) grant a court the power to change the terms of the plan as they[*436] previously existed? The statutory language speaks of “enforc[ing]” the “terms of the plan,” not of changing them. 29 U. S. C. § 1132(a)(1)(B) (emphasis added). The provision allows a court to look outside the plan’s written language in deciding what those terms are, i.e., what the language means. See UNUM Life Ins. Co. of America v. Ward, 526 U. S. 358, 377-379 (1999) (permitting the insurance terms of an ERISA-governed plan to be interpreted in light of state insurance rules). But we have found nothing suggesting that the provision authorizes a court to alter those terms, at least not in present circumstances, where that change, akin to the reform of a contract, seems less like the simple enforcement of a contract as written and more like an equitable remedy. See infra, at 441.
Nor can we accept the Solicitor General’s alternative rationale seeking to justify the use of this provision. The Solicitor General says that the District Court did enforce the plan’s terms as written, adding that the “plan” includes the disclosures that constituted the summary plan descriptions. In other words, in the view of the Solicitor General, the terms of the summaries are terms of the plan.
Even if the District Court had viewed the summaries as plan “terms” (which it did not, see supra, at 433), however, we cannot agree that the terms of statutorily required plan summaries (or summaries of plan modifications) necessarily may be enforced (under § 502(a)(1)(B)) as the terms of the plan itself. For one thing, it is difficult to square the Solicitor General’s reading of the statute with ERISA § 102(a), the provision that obliges plan administrators to furnish summary plan descriptions. The syntax of that provision, requiring that participants and beneficiaries be advised of their rights and obligations “under the plan,” suggests that the information about the plan provided by those disclosures is not itself part of the plan. See 29 U. S. C. § 1022(a). Nothing in § 502(a)(1)(B) (or, as far as we can tell, anywhere else) suggests the contrary.
[*437] Nor do we find it easy to square the Solicitor General’s reading with the statute’s division of authority between a plan’s sponsor and the plan’s administrator. The plan’s sponsor (e. g., the employer), like a trust’s settlor, creates the basic terms and conditions of the plan, executes a written instrument containing those terms and conditions, and provides in that instrument “a procedure” for making amendments. §402, 29 U. S. C. §1102. The plan’s administrator, a trustee-like fiduciary, manages the plan, follows its terms in doing so, and provides participants with the summary documents that describe the plan (and modifications) in readily understandable form. §§3(21)(A), 101(a), 102, 104, 29 U. S. C. §§ 1002(21)(A), 1021(a), 1022, 1024 (2006 ed. and Supp. III). Here, the District Court found that the same entity, CIGNA, filled both roles. See 534 F. Supp. 2d, at 331. But that is not always the case. Regardless, we have found that ERISA carefully distinguishes these roles. See, e. g., Varity Corp., 516 U. S., at 498. And we have no reason to believe that the statute intends to mix the responsibilities by giving the administrator the power to set plan terms indirectly by including them in the summary plan descriptions. See Curtiss-Wright Corp. v. Schoonejongen, 514 U. S. 73, 81-85 (1995).
Finally, we find it difficult to reconcile the Solicitor General’s interpretation with the basic summary plan description objective: clear, simple communication. See §§2(a), 102(a), 29 U. S. C. § 1001(a), 1022(a) (2006 ed.). To make the language of a plan summary legally binding could well lead plan administrators to sacrifice simplicity and comprehensibility in order to describe plan terms in the language of lawyers. Consider the difference between a will and the summary of a will or between a property deed and its summary. Consider, too, the length of Part I of this opinion, and then consider how much longer Part I would have to be if we had to include all the qualifications and nuances that a plan drafter[*438] might have found important and feared to omit lest they lose all legal significance. The District Court’s opinions take up 109 pages of the Federal Supplement. None of this is to say that plan administrators can avoid providing complete and accurate summaries of plan terms in the manner required by ERISA and its implementing regulations. But we fear that the Solicitor General’s rule might bring about complexity that would defeat the fundamental purpose of the summaries.
For these reasons taken together we conclude that the summary documents, important as they are, provide communication with beneficiaries about the plan, but that their statements do not themselves constitute the terms of the plan for purposes of § 502(a)(1)(B). We also conclude that the District Court could not find authority in that section to reform CIGNA’s plan as written.
B
If § 502(a)(1)(B) does not authorize entry of the relief here at issue, what about nearby § 502(a)(3)? That provision allows a participant, beneficiary, or fiduciary “to obtain other appropriate equitable relief” to redress violations of (here relevant) parts of ERISA “or the terms of the plan.” 29 U. S. C. § 1132(a)(3) (emphasis added). The District Court strongly implied, but did not directly hold, that it would base its relief upon this subsection were it not for (1) the fact that the preceding “plan benefits due” provision, § 502(a)(1)(B), provided sufficient authority; and (2) certain cases from this Court that narrowed the application of the term “appropriate equitable relief,” see, e. g., Mertens, 508 U. S. 248; Great-West, 534 U. S. 204. Our holding in Part II-A, supra, removes the District Court’s first obstacle. And given the likelihood that, on remand, the District Court will turn to and rely upon this alternative subsection, we consider the court’s second concern. We find that concern misplaced.
[*439] We have interpreted the term “appropriate equitable relief” in §502(a)(3) as referring to “‘those categories of relief’ ” that, traditionally speaking (i. e., prior to the merger of law and equity), “‘were typically available in equity.’” Sereboff, 547 U. S., at 361 (quoting Mertens, 508 U. S., at 256). In Mertens, we applied this principle to a claim seeking money damages brought by a beneficiary against a private firm that provided a trustee with actuarial services. We found that the plaintiff sought “nothing other than compensatory damages” against a nonfiduciary. Id., at 253, 255 (emphasis deleted). And we held that such a claim, traditionally speaking, was legal, not equitable, in nature. Id., at 255.
In Great-West, we considered a claim brought by a fiduciary against a tort-award-winning beneficiary seeking monetary reimbursement for medical outlays that the plan had previously made on the beneficiary’s behalf. We noted that the fiduciary sought to obtain a lien attaching to (or a constructive trust imposed upon) money that the beneficiary had received from the tort-case defendant. But we noted that the money in question was not the “particular” money that the tort defendant had paid. And, traditionally speaking, relief that sought a lien or a constructive trust was legal relief, not equitable relief, unless the funds in question were “particular funds or property in the defendant’s possession.” 534 U. S., at 213 (emphasis added).
The case before us concerns a suit by a beneficiary against a plan fiduciary (whom ERISA typically treats as a trustee) about the terms of a plan (which ERISA typically treats as a trust). See LaRue v. DeWolff, Boberg & Associates, Inc., 552 U. S. 248, 253, n. 4 (2008); Varity Corp., supra, at 496-497. It is the kind of lawsuit that, before the merger of law and equity, respondents could have brought only in a court of equity, not a court of law. 4 A. Scott, W. Fratcher, & M. Ascher, Trusts §24.1, p. 1654 (5th ed. 2007) (hereinafter Scott & Ascher) (“Trusts are, and always have been, the bai[*440] liwiek of the courts of equity”); Duvall v. Craig, 2 Wheat. 45, 56 (1817) (a trustee was “only suable in equity”).
With the exception of the relief now provided by § 502(a)(1)(B), Restatement (Second) of Trusts §§ 198(l)-(2) (1957) (hereinafter Second Restatement); 4 Scott & Ascher §24.2.1, the remedies available to those courts of equity were traditionally considered equitable remedies, see Second Restatement § 199; J. Adams, Doctrine of Equity: A Commentary on the Law as Administered by the Court of Chancery 61 (7th Am. ed. 1881) (hereinafter Adams); 4 Scott & Ascher § 24.2.
The District Court’s affirmative and negative injunctions obviously fall within this category. Mertens, supra, at 256 (identifying injunctions, mandamus, and restitution as equitable relief). And other relief ordered by the District Court resembles forms of traditional equitable relief. That is because equity chancellors developed a host of other “distinctively equitable” remedies — remedies that were “fitted to the nature of the primary right” they were intended to protect. 1 S. Symons, Pomeroy’s Equity Jurisprudence § 108, pp. 139-140 (5th ed. 1941) (hereinafter Pomeroy). See generally 1 J. Story, Commentaries on Equity Jurisprudence § 692 (12th ed. 1877) (hereinafter Story). Indeed, a maxim of equity states that “[ejquity suffers not a right to be without a remedy.” R. Francis, Maxims of Equity 29 (1st Am. ed. 1823). And the relief entered here, insofar as it does not consist of injunctive relief, closely resembles three other traditional equitable remedies.
First, what the District Court did here may be regarded as the reformation of the terms of the plan, in order to remedy the false or misleading information CIGNA provided. The power to reform contracts (as contrasted with the power to enforce contracts as written) is a traditional power of an equity court, not a court of law, and was used to prevent fraud. See Baltzer v. Raleigh & Augusta R. Co., 115 U. S. 634, 645 (1885) (“[I]t is well settled that equity would reform[*441] the contract, and enforce it, as reformed, if the mistake or fraud were shown”); Hearne v. Marine Ins. Co., 20 Wall. 488, 490 (1874) (“The reformation of written contracts for fraud or mistake is an ordinary head of equity jurisdiction”); Bradford v. Union Bank of Tenn., 13 How. 57, 66 (1852); J. Eaton, Handbook of Equity Jurisprudence § 306, p. 618 (1901) (hereinafter Eaton) (courts of common law could only void or enforce, but not reform, a contract); 4 Pomeroy § 1375, at 1000 (reformation “chiefly occasioned by fraud or mistake,” which were themselves concerns of equity courts); 1 Story § § 152— 154; see also 4 Pomeroy § 1375, at 999 (equity often considered reformation a “preparatory step” that “establishes the real contract”).
Second, the District Court’s remedy essentially held CIGNA to what it had promised, namely, that the new plan would not take from its employees benefits they had already accrued. This aspect of the remedy resembles estoppel, a traditional equitable remedy. See, e. g., E. Merwin, Principles of Equity and Equity Pleading §910 (H. Merwin ed. 1895); 3 Pomeroy §804. Equitable estoppel “operates to place the person entitled to its benefit in the same position he would have been in had the representations been true.” Eaton § 62, at 176. And, as Justice Story long ago pointed out, equitable estoppel “forms a very essential element in... fair dealing, and rebuke of all fraudulent misrepresentation, which it is the boast of courts of equity constantly to promote.” 2 Story § 1533, at 776.
Third, the District Court injunctions require the plan administrator to pay to already retired beneficiaries money owed them under the plan as reformed. But the fact that this relief takes the form of a money payment does not remove it from the category of traditionally equitable relief. Equity courts possessed the power to provide relief in the form of monetary “compensation” for a loss resulting from a trustee’s breach of duty, or to prevent the trustee's unjust enrichment. Restatement (Third) of Trusts § 95, and Com[*442] ment a (Tent. Draft No. 5, Mar. 2, 2009) (hereinafter Third Restatement); Eaton §§211-212, at 440. Indeed, prior to the merger of law and equity this kind of monetary remedy against a trustee, sometimes called a “surcharge,” was “exclusively equitable.” Princess Lida of Thurn and Taxis v. Thompson, 305 U. S. 456, 464 (1939); Third Restatement § 95, and Comment a; G. Bogert & G. Bogert, Trusts and Trustees § 862 (rev. 2d ed. 1995) (hereinafter Bogert); 4 Scott & Ascher §§ 24.2, 24.9, at 1659-1660, 1686; Second Restatement § 197; see also Manhattan Bank of Memphis v. Walker, 130 U. S. 267, 271 (1889) (“The suit is plainly one of equitable cognizance, the .bill being filed to charge the defendant, as a trustee, for a breach of trust”); 1 J. Perry, A Treatise on the Law of Trusts and Trustees § 17, p. 13 (2d ed. 1874) (common-law attempts “to punish trustees for a breach of trust in damages, .. . w[ere] soon abandoned”).
The surcharge remedy extended to a breach of trust committed by a fiduciary encompassing any violation of a duty imposed upon that fiduciary. See Second Restatement § 201; Adams 59; 4 Pomeroy § 1079; 2 Story §§ 1261, 1268. Thus, insofar as an award of make-whole relief is concerned, the fact that the defendant in this case, unlike the defendant in Mertens, is analogous to a trustee makes a critical difference. See 508 U. S., at 262-263. In sum, contrary to the District Court's fears, the types of remedies the court entered here fall within the scope of the term “appropriate equitable relief” in § 502(a)(3).
Ill
Section 502(a)(3) invokes the equitable powers of the District Court. We cannot know with certainty which remedy the District Court understood itself to be imposing, nor whether the District Court will find it appropriate to exercise its discretion under § 502(a)(3) to impose that remedy on remand. We need not decide which remedies are appropriate on the facts of this case in order to resolve the parties’ dispute as to the appropriate legal standard in determin[*443] ing whether members of the relevant employee class were injured.
The relevant substantive provisions of ERISA do not set forth any particular standard for determining harm. They simply require the plan administrator to write and to distribute written notices that are “sufficiently accurate and comprehensive to reasonably apprise” plan participants and beneficiaries of “their rights and obligations under the plan.” § 102(a); see also §§ 104(b), 204(h). Nor can we find a definite standard in the ERISA provision, § 502(a)(3) (which authorizes the court to enter “appropriate equitable relief” to redress ERISA “violations”). Hence any requirement of harm must come from the law of equity.
Looking to the law of equity, there is no general principle that “detrimental reliance” must be proved before a remedy is decreed. To the extent any such requirement arises, it is because the specific remedy being contemplated imposes such a requirement. Thus, as CIGNA points out, when equity courts used the remedy of estoppel, they insisted upon a showing akin to detrimental reliance, i e., that the defendant’s statement “in truth, influenced the conduct of” the plaintiff, causing “prejudic[e].” Eaton §61, at 175; see 3 Pomeroy § 805. Accordingly, when a court exercises its authority under § 502(a)(3) to impose a remedy equivalent to estoppel, a showing of detrimental reliance must be made.
But this showing is not always necessary for other equitable remedies. Equity courts, for example, would reform contracts to reflect the mutual understanding of the contracting parties where “fraudulent suppression^], omission[s], or insertion[s],” 1 Story §154, at 149, “materially] . . . affect[ed]” the “substance” of the contract, even if the “complaining part[y]” was negligent in not realizing its mistake, as long as its negligence did not fall below a standard of “reasonable prudence” and violate a legal duty, 3 Pomeroy §§ 856, 856b, at 334, 340-341. See Baltzer, 115 U. S., at 645; Eaton § 307(b).
[*444] Nor did equity courts insist upon a showing of detrimental reliance in cases where they ordered “surcharge.” Rather, they simply ordered a trust or beneficiary made whole following a trustee’s breach of trust. In such instances equity courts would “mold the relief to protect the rights of the beneficiary according to the situation involved.” Bogert §861, at 4. This flexible approach belies a strict requirement of “detrimental reliance.”
To be sure, just as a court of equity would not surcharge a trustee for a nonexistent harm, 4 Scott & Ascher §24.9, a fiduciary can be surcharged under § 502(a)(3) only upon a showing of actual harm — proved (under the default rule for civil cases) by a preponderance of the evidence. That actual harm may sometimes consist of detrimental reliance, but it might also come from the loss of a right protected by ERISA or its trust-law antecedents. In the present case, it is not difficult to imagine how the failure to provide proper summary information, in violation of the statute, injured employees even if they did not themselves act in reliance on summary documents — which they might not themselves have seen — for they may have thought fellow employees, or informal workplace discussion, would have let them know if, say, plan changes would likely prove harmful. We doubt that Congress would have wanted to bar those employees from relief.
The upshot is that we can agree with CIGNA only to a limited extent. We believe that, to obtain relief by surcharge for violations of §§ 102(a) and 104(b), a plan participant or beneficiary must show that the violation injured him or her. But to do so, he or she need only show harm and causation. Although it is not always necessary to meet the more rigorous standard implicit in the words “detrimental reliance,” actual harm must be shown.
We are not asked to reassess the evidence. And we are not asked about the other prerequisites for relief. We are asked about the standard of prejudice. And we conclude[*445] that the standard of prejudice must be borrowed from equitable principles, as modified by the obligations and injuries identified by ERISA itself. Information-related circumstances, violations, and injuries are potentially too various in nature to insist that harm must always meet that more vigorous “detrimental harm” standard when equity imposed no such strict requirement.
IV
We have premised our discussion in Part III on the need for the District Court to revisit its determination of an appropriate remedy for the violations of ERISA it identified. Whether or not the general principles we have discussed above are properly applicable in this case is for it or the Court of Appeals to determine in the first instance. Because the District Court has not determined if an appropriate remedy may be imposed under § 502(a)(3), we must vacate the judgment below and remand this case for further proceedings consistent with this opinion.
It is so ordered.
Justice Sotomayor took no part in the consideration or decision of this case.The District Court found that § 204(h) was unhelpful because CIGNA had provided a valid notice of its decision to freeze benefits under the old plan. If the new plan were invalidated because of a defective § 204(h) notice, the freeze would return to force, and respondents would be worse off. Respondents might (and likely should) have argued that the notice for the freeze was itself void, but they “argued none of these things,” and the District Court declined to “make these arguments now on [their] behalf.” 559 F. Supp. 2d 192, 208 (Conn. 2008).
Concurrence
with whom Justice Thomas joins, concurring in the judgment.
I agree with the Court that § 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U. S. C. § 1132(a)(1)(B), does not authorize relief for misrepresentations in a summary plan description (SPD). I do not join the Court’s opinion because I see no need and no justification for saying anything more than that.
Section 502(a)(1)(B) of ERISA states that a plan participant or beneficiary may bring a civil action “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[*446] future benefits under the terms of the plan.” ERISA defines the word “plan” as “an employee welfare benefit plan or an employee pension benefit plan or a plan which is both,” 29 U. S. C. § 1002(3), and it requires that a “plan” “be established and maintained pursuant to a written instrument,” § 1102(a)(1). An SPD, in contrast, is a disclosure meant “to reasonably apprise [plan] participants and beneficiaries of their rights and obligations under the plan.” § 1022(a). It would be peculiar for a document meant to “apprise” participants of their rights “under the plan” to be itself part of the “plan.” Any doubt that it is not is eliminated by ERISA’s repeated differentiation of SPDs from the “written instruments” that constitute a plan, see, e. g., §§ 1029(c), 1024(b)(2), and ERISA’s assignment to different entities of responsibility for drafting and amending SPDs on the one hand and plans on the other, see §§1002(1), (2)(A); 1021(a) (2006 ed. and Supp. Ill), 1024(b)(1) (2006 ed.); Beck v. PACE Int’l Union, 551 U. S. 96,101 (2007). An SPD, moreover, would not fulfill its purpose of providing an easily accessible summary of the plan if it were an authoritative part of the plan itself; the minor omissions appropriate for a summary would risk revising the plan.
Nothing else needs to be said to dispose of this case. The District Court based the relief it awarded upon ERISA § 502(a)(1)(B), and that provision alone. It thought that the “benefits” due “under the terms of the plan,” 29 U. S. C. § 1132(a)(1)(B), could derive from an SPD, either because the SPD is part of the plan or because it is capable of somehow modifying the plan. Under either justification, that conclusion is wrong. An SPD is separate from a plan, and cannot amend a plan unless the plan so provides. See Curtiss-Wright Corp. v. Schoonejongen, 514 U. S. 73, 79, 85 (1995). I would go no further.
The Court, however, ventures on to address a different question: whether respondents may recover under § 502(a)(3) of ERISA, which allows plan participants “to obtain other[*447] appropriate equitable relief.” 29 U. S. C. § 1132(a)(3). The District Court expressly declined to answer this question, stating that it “need not consider whether any relief ordered under § 502(a)(1)(B) would also be available under § 502(a)(3).” 559 F. Supp. 2d 192, 205 (Conn. 2008). It did note that § 502(a)(3) might not help respondents because that provision authorizes only relief that was “‘typically available in equity.’” Ibid, (quoting Great-West Life & Annuity Ins. Co. v. Knudson, 534 U. S. 204, 210 (2002); some internal quotation marks omitted). But it described this question as “particularly complicated,” 559 F. Supp. 2d, at 205, and said that “in view of these knotty issues . . . the Court need not, and does not, decide whether Plaintiffs could obtain relief under § 502(a)(3),” id., at 206.
It is assuredly not our normal practice to decide issues that a lower court “need not, and does not, decide,” see Cooper Industries, Inc. v. Aviall Services, Inc., 543 U. S. 157, 168-169 (2004), and this case presents no exceptional reason to do so. To the contrary, it presents additional reasons not to do so. Mertens v. Hewitt Associates, 508 U. S. 248 (1993), the case the District Court feared had “severely curtailed the kinds of relief . . . available under § 502(a)(3),” 559 F. Supp. 2d, at 205, is cited exactly one time in the parties’ briefs — by the CIGNA petitioners for the utterly unrelated proposition that ERISA contains a “‘carefully crafted and detailed enforcement scheme.’ ” Brief for Petitioners 2. And there is no discussion whatsoever of contract reformation or surcharge in the briefs of the parties or even amici.1
The opinion for the Court states that the District Court “strongly implied . . . that it would base its relief upon [§ 502(a)(3)] were it not for (1) the fact that... § 502(a)(1)(B) . . . provided sufficient authority; and (2) certain cases from[*448] this Court that narrowed the application of the term ‘appropriate equitable relief.' ” Ante, at 438. I find no such implication whatever — not even a weak one. The District Court simply said that § 502(a)(1)(B) provided relief, and that under our cases § 502(a)(3) might not do so. While some Members of this Court have sought to divine what legislators would have prescribed beyond what they did prescribe, none to my knowledge has hitherto sought to guess what district judges would have decided beyond what they did decide. And this, bear in mind, is not just a guess as to what the District Court would have done if it had known that its § 502(a)(1)(B) relief was (as we today hold) improper. The apparent answer to that is that it would have denied relief, since it thought itself constrained by “certain cases from this Court that [have] narrowed [§ 502(a)(3)],” ante, at 438. No, the course the Court guesses about is what the District Court would have done if it had known both that § 502(a)(1)(B) denies relief and that § 502(a)(3) provides it. This speculation upon speculation hardly renders our discussion of § 502(a)(3) relevant to the decision below; it is utterly irrelevant.
Why the Court embarks on this peculiar path is beyond me. It cannot even be explained by an eagerness to demonstrate — by blatant dictum, if necessary — that, by George, plan members misled by an SPD will be compensated. That they will normally be compensated is not in doubt. As the opinion for the Court notes, ante, at 432-433, the Second Circuit has interpreted ERISA as permitting the invalidation of plan amendments not preceded by proper notice, by reason of § 204(h), which reads:
“An applicable pension plan may not be amended so as to provide for a significant reduction in the rate of future benefit accrual unless the plan administrator provides the notice described in paragraph (2) to each applicable individual____” 29 U. S. C. § 1054(h)(1) (2006 ed., Supp. IV).
[*449] This provision appears a natural fit to respondents’ claim, which is not that CIGNA was prohibited from changing its plan, but that CIGNA “failed to give them proper notice of changes to their benefits. ” Ante, at 424. It was inapplicable here only because of the peculiar facts of this case and the manner in which respondents chose to argue the case.[2]
Rather than attempting to read the District Judge’s palm, I would simply remand. If the District Court dismisses the case based on an incorrect reading of Mertens, the Second Circuit can correct its error, and if the Second Circuit does not do so this Court can grant certiorari. The Court’s discussion of the relief available under § 502(a)(3) and Mertens is purely dicta, binding upon neither us nor the District Court. The District Court need not read any of it — and, indeed, if it takes our suggestions to heart, we may very well reverse. Even if we adhere to our dicta that contract reformation, estoppel, and surcharge are “ ‘distinctively equitable’ remedies,” ante, at 440, it is far from clear that they are available remedies in this ease. The opinion for the Court does not say (much less hold) that they are and disclaims the implication, see ante, at 442-443.
Contraet'reformation is a standard remedy for altering the terms of a writing that fails to express the agreement of the parties “owing to the fraud of one of the parties and mistake of the other.” 27 R. Lord, Williston on Contracts §69:55, p. 160 (4th ed. 2003). But here, the Court would be employing that doctrine to alter the terms of a contract in response to a third party’s misrepresentations — not those of a party[*450] to the contract. The SPD is not part of the ERISA plan, and it was not written by the plan’s sponsor. Although in this case CIGNA wrote both the plan and the SPD, it did so in different capacities: as sponsor when writing the plan, and as administrator when preparing the SPD. ERISA “carefully distinguishes these roles,” ante, at 437; see also Beck, 551 U. S., at 101, and nothing the Court cites suggests that they blend together when performed by the same entity.
Admittedly, reformation might be available if the third party was an agent of a contracting party and its misrepresentations could thus be attributed to it under agency law. But such a relationship has not been alleged and is unlikely here. An ERISA administrator’s duty to provide employees with an SPD arises by statute, 29 U. S. C. § 1024(b)(1) (2006 ed.), and not by reason of its relationship to the sponsor. The administrator is a legally distinct entity. Moreover, it is incoherent to think of the administrator as agent and the sponsor as principal. Were this the case, and were the administrator contracting with employees as an agent of the sponsor in producing the SPD, then the SPD would be part of the plan or would amend it — exactly what the opinion for the Court rejects in Part II-A, ante. And, in any event, SPDs may be furnished months after an employee accepts a pension or benefit plan. § 1024(b)(1). Reformation is meant to effectuate mutual intent at the time of contracting, and that intent is not retroactively revised by subsequent misstatements.
Equitable estoppel and surcharge are perhaps better suited to the facts of this case. CIGNA admits that respondents might be able to recover under § 502(a)(3) pursuant to an equitable estoppel theory, but it presumably makes this concession only because questions of reliance would be individualized and potentially inappropriate for class-action treatment. Surcharge (which CIGNA does not concede and which is not briefed) may encounter the same problem. The amount for which an administrator may be surcharged is, as[*451] the opinion for the Court notes, the “actual harm” suffered by an employee, ante, at 444 — that is, harm stemming from reliance on the SPD or the lost opportunity to contest or react to the switch. Cf. 3 A. Scott & W. Fratcher, Law of Trusts § 205, pp. 237-243 (4th ed. 1988). A remedy relating only to that harm would of course be far different from what the District Court imposed.[3]
* * *
I agree with the Court that an SPD is not part of an ERISA plan, and that, as a result, a plan participant or beneficiary may not recover for misrepresentations in an SPD under § 502(a)(1)(B). Because this is the only question properly presented for our review, and the only question briefed and argued before us, I concur only in the judgment.
“[PJlan reformation” makes an appearance in one sentence of one footnote of the Government’s brief, see Brief for United States as Amicus Curiae 30, n. 9. This cameo hardly qualifies as “discussion.”
It is also not obvious that the relief sought in this ease would constitute an equitable surcharge allowable under Mertens v. Hewitt Associates, 508 U. S. 248 (1993). Cf. Knieriem v. Group Health Plan, Inc., 434 F. 3d 1058, 1063-1064 (CA8 2006). This question, however, like the Court’s entire discussion of § 502(a)(3), is best left for a case in which the issue is raised and briefed.