Ruppert v. Alliant Energy Cash Balance Pension Plan

OPINION AND ORDER

BARBARA B. CRABB, District Judge.

This proposed class action under the Employee Retirement Income Security Act (ERISA for short), 29 U.S.C. §§ 1001-1461, is before the court on the motion of defendant Alliant Energy Cash Balance Pension Plan to dismiss plaintiff Lawrence G. Ruppert’s first amended complaint on the ground that plaintiff has not exhausted the remedies available to him under the terms of defendant Plan. Plaintiff denies that exhaustion is required in a case such as his, where he is challenging a benefit plan’s compliance with ERISA rather than an act or omission…