U.S. Code » Title 29 » Chapter CHAPTER 18— EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER I— PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle Subtitle B— Regulatory Provisions › Part part 4— fiduciary responsibility

29 U.S.C. § 1102

Establishment of plan

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 29 CasesGoogle Scholar
(a) Named fiduciaries(1) Every employee benefit plan shall be established and maintained pursuant to a written instrument. Such instrument shall provide for one or more named fiduciaries who jointly or severally shall have authority to control and manage the operation and administration of the plan.(2) For purposes of this subchapter, the term “named fiduciary” means a fiduciary who is named in the plan instrument, or who, pursuant to a procedure specified in the plan, is identified as a fiduciary (A) by a person who is an employer or employee organization with respect to the plan or (B) by such an employer and such an employee organization acting jointly.(b) Requisite features of planEvery employee benefit plan shall—(1) provide a procedure for establishing and carrying out a funding policy and method consistent with the objectives of the plan and the requirements of this subchapter,(2) describe any procedure under the plan for the allocation of responsibilities for the operation and administration of the plan (including any procedure described in section 1105(c)(1) of this title),(3) provide a procedure for amending such plan, and for identifying the persons who have authority to amend the plan, and(4) specify the basis on which payments are made to and from the plan.(c) Optional features of planAny employee benefit plan may provide—(1) that any person or group of persons may serve in more than one fiduciary capacity with respect to the plan (including service both as trustee and administrator);(2) that a named fiduciary, or a fiduciary designated by a named fiduciary pursuant to a plan procedure described in section 1105(c)(1) of this title, may employ one or more persons to render advice with regard to any responsibility such fiduciary has under the plan; or(3) that a person who is a named fiduciary with respect to control or management of the assets of the plan may appoint an investment manager or managers to manage (including the power to acquire and dispose of) any assets of a plan.(Pub. L. 93–406, title I, § 402, Sept. 2, 1974, 88 Stat. 875.)
Notes of Decisions
Cited in 1,204 cases (159 in the last 5 years), 1976–2026 · leading case: Pension Benefit Guar. Corp. Ex Rel. Saint Vincent Catholic Med. Centers Ret. Plan v. Morgan Stanley Inv. Mgmt. Inc., 712 F.3d 705 (2d Cir. 2013).
Sort: Relevance Newest Treatment
Pension Benefit Guar. Corp. Ex Rel. Saint Vincent Catholic Med. Centers Ret. Plan v. Morgan Stanley Inv. Mgmt. Inc., 712 F.3d 705 (2d Cir. 2013). · cites it 4× “Because Saint Vincent’s brings this suit in its capacity as the fiduciary administrator of the Plan, see generally 29 U.S.C. § 1102 (a)(2) (defining “named fiduciary”), which is clearly permitted under § 1132(a)(2), we have no reason to consider whether Saint Vincent’s may bring…”
In Re Enron Corp. Sec., Derivative & ERISA, 284 F. Supp. 2d 511 (S.D. Tex. 2003). · cites it 4× “In contrast to the functional definition of fiduciary in § 1002(21)(A), § 402(a)(2) of ERISA, 29 U.S.C. § 1102 (a)(2), defines a formally “named fiduciary” as “a fiduciary who is named in the plan instrument, or who, pursuant to a procedure specified in the plan, is identified…”
Schreiber v. Philips Display Components Co., 580 F.3d 355 (6th Cir. 2009). · cites it 6× “These statutes, among other things, establish: 1) the requisite features of a welfare benefit plan ( 29 U.S.C. § 1102 ); 2) the responsibilities and duties of a welfare plan fiduciary ( 29 U.”
Thomas Perez, Sec'y v. Herbert Bruister, 823 F.3d 250 (5th Cir. 2016). · cites it 3× “29 U.S.C. § 1102 (a) (1976). The plan document must provide for one or more named fiduciaries “to control and manage the operation and administration of the plan.”
Raymond Feifer, Nicholas Pocchia, & Edwin Molina v. Prudential Ins. Co. of Am., Daily News, L.P., & Daily News, L.P. Benefits Prog., 306 F.3d 1202 (2d Cir. 2002). · cites it 4× “” 29 U.S.C. § 1102 (a)(1). We have interpreted this section as establishing that “ERISA was designed to ‘ensure[ ] that plans be governed by written documents.”
In Re Bear Stearns Companies, Inc. Sec., Derivative, & Erisa Litig., 763 F. Supp. 2d 423 (S.D.N.Y. 2011). · cites it 4× “He is a participant in the Plan within the meaning of ERISA § 3(7), 29 U.S.C. § 1102 (7), and held Bear Stearns stock in the Plan during the Class Period.”
CIGNA Corp. v. Amara, 131 S. Ct. 1866 (2011). · cites it 2× “§402, 29 U. S. C. §1102 . The plan’s admin istrator, 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 modifica tions) in readily understandable form.”
Curtiss-Wright Corp. v. Schoonejongen, 514 U.S. 73 (1995). · cites it 3× “875 , 29 U. S. C. § 1102 (b)(3), requires that every employee benefit plan provide “a procedure for amending such plan, and for identifying the persons who have authority to amend the plan.”
Gagliano v. Reliance Stand. Life Ins., 547 F.3d 230 (4th Cir. 2008). · cites it 3× “See 29 U.S.C. § 1102 (a)(1) (requiring that ‘[e]very employee benefit plan shall be established and maintained pursuant to a written instrument’); 29 U.”
Varity Corp. v. Howe, 516 U.S. 489 (1996). · cites it 2× “§ 402(a)(1), 29 U. S. C. § 1102 (a)(1). Plan administrators must also furnish to participants a summary plan description, § 101(a), 29 U.”
Mertens v. Hewitt Assocs., 508 U.S. 248 (1993). · cites it 2× “The statute provides that not only the persons named as fiduciaries by a benefit plan, see 29 U. S. C. § 1102 (a), but also anyone else who exercises discretionary control or authority over the plan's management, administration, or assets, see § 1002(21)(A), is an ERISA…”
John Gallo v. Moen Inc., 813 F.3d 265 (6th Cir. 2016). · cites it 2× “Third, each of the last three CBAs says that “[c]ontinued hospitalization, surgical and medical coverage will be provided without cost to past pensioners and their dependents prior to March 1, 1996.”
Show all 1,204 citing cases →
— 29 U.S.C. § 1102(1) — 1 case
Vega v. Nat'l Life Ins. Servs., Inc., 145 F.3d 673 (5th Cir. 1998).
— 29 U.S.C. § 1102(a)(1) — 6 cases
Brent Kamler v. H/n Telecomm. Servs., Inc., 305 F.3d 672 (7th Cir. 2002).
Wadsworth v. Whaland, 562 F.2d 70 (1st Cir. 1977).
Coop. Benefit Administrators, Inc. v. Ogden, 265 F. Supp. 2d 662 (M.D. La. 2003).
HealthSouth Rehab. Hosp. v. Am. Nat'l Red Cross, 101 F.3d 1005 (4th Cir. 1996).
Bash v. Firstmark Stand. Life Ins., 861 F.2d 159 (7th Cir. 1988).
— 29 U.S.C. § 1102(a)(2) — 2 cases
Grace Schs. v. Sylvia Mathews Burwell, 801 F.3d 788 (7th Cir. 2015).
Hatteberg v. Red Adair Co Inc, 79 F. App'x 709 (5th Cir. 2003).
— 29 U.S.C. § 1102(b)(3) — 1 case
Weatherly v. Illinois Bell Tel., 856 F. Supp. 1301 (N.D. Ill. 1994).
— 29 U.S.C. § 1102(c)(3) — 1 case
In Re GCO Servs., LLC, 324 B.R. 459 (Bankr. S.D.N.Y. 2005).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.