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March 17, 2009

Supreme Court Allows ERISA Relief for Individual Plan Accounts


“The Court’s judgment was unanimous, although two concurring opinions were filed. Justice Thomas, joined by Justice Scalia, was of the view that the Court’s result followed from the text of ERISA, without any need for recourse to other bases for statutory interpretation. Chief Justice Roberts, joined by Justice Kennedy, would add that the Court’s judgment leaves open the question of whether LaRue’s claim properly lies only under § 502(a)(1)(b), implicating exhaustion of administrative remedies among other requirements, and not under § 502(a)(2).” (Sutherland Asbill & Brennan LLP) .See Supreme Court Allows ERISA Relief for Individual Plan Accounts (PDF) at

Written By

Denise Appleby

Denise is CEO of Appleby Retirement Consulting Inc., a firm that provides IRA resources for financial/ tax/legal professionals. She has over 20 years of experience in the retirement plans field, which includes training and technical consultation.

Denise writes and publishes educational /marketing tools for advisors; available at Denise co-authored several books on IRAs

Denise is a graduate of The John Marshall Law School, where she obtained a Masters of Jurisprudence in Employee Benefits, and has earned 5 professional retirement designations.
She has appeared on numerous media programs, sharing her insights on retirement tax laws.


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