1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Foxes, Henhouses, and Pension Plans: Supreme Court Concludes Pensioners Receiving Promised Benefits Cant Sue for Retirement Plan Mismanagement June 30, 2020 In early June 2020, the Supreme Court handed do
2、wn its decision in Thole v. U.S. Bank concerning the ability of pension plan participants to sue plan fiduciaries who engage in alleged misconduct. In Thole, the Courts majority held, in a 5-4 decision, that pensioners receiving the full amount of their retirement benefits lacked standing to sue pla
3、n fiduciaries for self-dealing and mismanagement of pension plan investments. This Legal Sidebar provides background on federal pension plan regulation under the Employee Retirement Income Security Act (ERISA) and standing to sue in federal courts; discusses the Courts decision in Thole; and conclud
4、es with selected legal considerations for Congress. Background ERISAs Regulation of Pension Benefits ERISA provides a comprehensive federal scheme for regulating private-sector employee benefit plans, and currently governs approximately 710,000 retirement plans. The Act does not require employers to