After a top-hat plan and pension plan denied a participant’s claims and appeals for additional benefits, the plan administrators preemptively filed a declaratory judgment action, seeking a declaration that:  (i) termination of defendant’s employment was not for the purpose of interfering with his ability to attain rights under the plans or ERISA; (ii) the top-hat plan is exempt from certain ERISA requirements; and (iii) the pension plan correctly denied defendant’s claim and appeal. 

The district court dismissed the action for want of personal jurisdiction.  It concluded that it would have personal jurisdiction over defendant, a Florida resident, only if plaintiff could take advantage of ERISA’s nationwide service of process provision to sue defendant in North Carolina.  Because a plaintiff may avail itself of the nationwide service of process provision only if the court has subject matter jurisdiction over the action, the court focused on deciding whether it could exercise subject matter jurisdiction in this case.   In concluding that it could not, the court observed that in order for it to have subject matter jurisdiction, the action must have been brought to (i) “enforce any provisions” of ERISA or the plan, or (ii) obtain “appropriate equitable relief.”  Here, the action was not brought to “enforce any provisions” of ERISA because, among other reasons, “a fiduciary’s declaratory judgment action to determine the extent of its liability is not an action that enforces ERISA.”  Moreover, the action was not brought to obtain “appropriate equitable relief,” because in the court’s view, to allow the action to proceed would “open[] the door to procedural fencing and circumventing a plaintiff’s chosen forum.”  The case is Exec. Ret. Plan of Thermal Ceramics Latin Am., Ret. Comm. v. Magasrevy, 2015 U.S. Dist. LEXIS 113197 (E.D.N.C. Aug. 26, 2015).

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Photo of Joseph Clark Joseph Clark

Joseph E. Clark is a senior counsel in the Labor & Employment Law Department and a member of the Employee Benefits & Executive Compensation Group where he focuses on complex employee benefits litigation.

Joe represents a diverse range of clients from the time…

Joseph E. Clark is a senior counsel in the Labor & Employment Law Department and a member of the Employee Benefits & Executive Compensation Group where he focuses on complex employee benefits litigation.

Joe represents a diverse range of clients from the time a claim is asserted through trial or arbitration, whether it is defending plan fiduciaries against class action claims of fiduciary breach or prohibited transactions or in connection with government investigations, or defending employers against multiemployer pension plan claims for withdrawal liability.  These clients include financial service providers, investment managers, Fortune 500 corporations, and benefit plan committees.

Outside of the context of litigation, Joe also advises fiduciary clients regarding their fiduciary responsibilities and employers regarding various withdrawal liability issues.

A co-editor of Proskauer’s Employee Benefits & Executive Compensation blog, Joe has authored pieces on employee stock ownership plans, excessive fee claims, fiduciary breach, investigation and determination of benefits claims, and best practices for plan drafting. He has also published several articles regarding these issues in BNA Insights.