Janese v. Fay, No. 11-5369 (2d Cir. 2012)Annotate this Case
This appeal and purported class-appeal primarily concerned two issues arising under the Employee Retirement Income Security Act of 1974 (ERISA), 28 U.S.C. 1001 et seq. The first issue was whether trustees of a multi-employer pension fund acted as fiduciaries when they amended the pension plan. The second issue was whether the claims asserted in this case were time-barred. The court concluded that the dismissal of Counts I-V was proper because the trustees were not acting as fiduciaries in amending the Plan, and in reaching that conclusion, the court deemed the contrary rulings of the court in Chambless v. Masters, Mates & Pilots Pension Plan and Siskind v. Sperry Retirement Program, to have been abrogated by subsequent decisions of the Supreme Court. The court also concluded that fact issues remained as to whether Counts VII-IX were properly dismissed as time-barred.