Benefits Manager Who Lacked Discretionary Authority is Not ERISA Fiduciary: Second Circuit | Practical Law
The US Court of Appeals for the Second Circuit ruled in Tocker v. Kraft Foods North America, Inc. Retirement Plan that an employee whose job duties for an Employee Retirement Income Security Act of 1974 (ERISA) plan were ministerial and non-discretionary does not qualify as a plan fiduciary and cannot be sued for an alleged breach of fiduciary duty.