Pender v. Bank of America Corp.

AMENDED ORDER

GRAHAM C. MULLEN, District Judge.

INTRODUCTION

THIS MATTER is before the Court on Bank of America (“BoA”) Defendants’ Motion to Dismiss. For reasons given below, Defendants’ Motion is GRANTED as to Count I and Count III, and DENIED as to Count IV.

BACKGROUND

This action arises from the organization and administration of the BAC Plan, and transactions between that plan and the BoA 401(k) Plan (“the 401(k) Plan”).

I. Retirement Plans in General

This case deals with some of the most complicated aspects of employee pension plans, which warrants a brief overview of how these plans function.…