Tolbert, et al. v. RBC Capital Markets Corp., et al., No. 13-20213 (5th Cir. 2014)
Annotate this CasePlaintiffs, former employees of RBC who participated in a wealth accumulation plan (WAP), filed suit alleging that forfeitures of their plan amounted to violations of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq. The court reversed the district court's grant of RBC's motion for summary judgment, concluding that, under the plain language of the statute and the interpretations expressed in Murphy v. Inexco Oil Co. and Boos v. AT&T, WAP is an "employee pension benefit plan" under section 1002(2)(A)(ii) and nothing in section 2510.3-2(c) proves otherwise.
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