Sixth Circuit Rejects Surcharge as a Remedy Under § 502(a)(3)

In this Spotlight on Benefits post, we discuss the nature of equitable relief under ERISA and another federal circuit court decision rejecting surcharge as an available equitable remedy.

As background, ERISA contains an exclusive civil enforcement provision that sets forth the only claims and forms of relief available to ERISA plaintiffs. One of those claims is under ERISA § 502(a)(3), which authorizes, among other things, a claim for appropriate “equitable relief” to remedy a violation of ERISA or an ERISA plan. ERISA does not define “equitable relief,” and that phrase can have different meanings depending on the context.