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Case: Pension Benefits/ERISA Preemption (E.D.N.Y.)

April 8, 2021, 12:56 AM

A lawsuit against Mason Tenders’ District Council Pension Fund and Mason Tenders’ District Council Trust Funds claiming failure to provide complete information pertaining to plan benefits or fully distribute the benefits in a lump sum was dismissed for failure to state a claim by the U.S. District Court for the Eastern District of New York. Tatyana Gerasyutenko, the former spouse of a plan participant, accused the defendants of breach of fiduciary duty and unjust enrichment under state law. The claims are preempted by ERISA, which does not provide for the compensatory damages sought by Gerasyutenko, it said.

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