Cornell Workers Ask Supreme Court to Resolve ERISA Circuit Split

Cornell University workers asked the US Supreme Court to hear their challenge the school’s retirement plan and resolve a circuit split over how relationships between benefit plans and their service providers can be challenged under ERISA.

The workers want the justices to review the Second Circuit’s November decision addressing what plaintiffs must allege to show that a service provider arrangement violates an Employee Retirement Income Security Act rule prohibiting transactions between plans and interested parties. According to the Second Circuit, which was considering the question for the first time, a prohibited transaction claim based on money paid to a retirement ...