Faircloth v. Lundy Packing Co.

I concur in the majority opinion insofar as it provides for disclosure of the Plan’s funding and investment policies, for non-disclosure of cost-sharing policies, trustee expense policies, and trustees’ meeting minutes, and for a remand to determine whether a more severe penalty should be assessed. I respectfully dissent, however, from the majority’s holding that Plan participants are not entitled to see appraisal reports (and supporting documentation), the Plan’s tax determination letter, and the Plan’s fiduciary bonding policy. The Plan participants should be allowed to see this latter…