Individuals may seek recovery under ERISA for loss of individual benefits
In LaRue v. DeWolff, Boberg & Associates, Inc., the Court ruled ERISA § 409 and § 502(2) permit recovery by an individual who alleges that his own plan benefits were reduced due to fiduciary breaches by a plan administrator. The Court distinguished this situation from that in Massachusetts Mutual Life Ins. Co. v. Russell, where the participant was promised a fixed benefit. Russell held that when a fixed benefit is promised, only breaches causing a plan default are actionable. Justice Stevens wrote majority opinion; Roberts and Thomas each filed concurring opinion, in which Kennedy and Scalia, respectively, joined.
