Lebahn v. National Farmers Union Uniform Pension Plan

BACHARACH, Circuit Judge.

This appeal involves claims under the Employee Retirement Income Security Act of 1974, commonly known as ERISA. Invoking ERISA, Mr. Trent Lebahn and his wife claim that a pension-plan consultant breached a fiduciary duty by misstating the amount of the monthly pension payments that Mr. Lebahn would receive if he were to retire. But under ERISA, the plan consultant could be considered a fiduciary only if she exercised discretionary authority over the plan’s administration. On appeal, we ask: Does a consultant exercise discretionary authority in administering the plan…