There are only two ways for a person to acquire fiduciary status under ERISA. First, a person can be designated as a “named fiduciary” for purposes of ERISA § 402(a), 29 U.S.C. § 1102(a). Pfahler v. Nat’l Latex Prods.

These are mandatory requirements of “[e]very employee benefit plan” under ERISA. 29 U.S.C. § 1102(b)(1), (2), (4). The result of the April 23, 1998 committee meeting was the adoption of a resolution approving a cash balance design as attached to the committee minutes, and authorizing Cain to adopt a formal plan document, which Cain admits he did on December 10, 1999.

is dispositive of the fact that Carewise was not (and legally could not be) a de facto fiduciary under ERISA. See 29 U.S.C. § 1104(a)(1)(D) (fiduciaries must act "in accordance with the documents and instruments governing the plan insofar as such documents and instruments are consistent with the provisions of ERISA); Gabriel v. Alaska Elec. Pension Fund, 773 F.3d 945, 956 (9th Cir. 2014) (plaintiff may not seek equitable relief under ERISA where, as here, such conclusion "would be inconsistent with the written plan," or would "result in an amendment or modification of a plan" in violation of 29 U.S.C. §§ 1102(a)(1) and (b)(3)) (citation omitted). In this case, the TPAs (Great-West and CG) made claim decisions concerning payment of members' claims. Prete v. Magellan Behavioral Health, Inc., 112 F.Supp.3d 942, 946-47 (N.D.Cal. 2015) (claim reviewer whose decisions (unlike Carewise's here) were final and binding on the plan was properly alleged to be a fiduciary for purposes of motion to dismiss).

3 ERISA’s exclusive rights of action are found in ERISA §502(a). 29 U.S.C. §1102(a); Massachusetts Mut. Life Ins. Co. v. Russell, 473 U.S. 134 (1985) (Congress did not authorize causes of action beyond those in ERISA §502(a)).

23 29 U.S.C. § 1102(a)(1). 24 29 U.S.C. § 1102(b)(4). Case 5:15-cv-00910-M Document 18 Filed 08/01/16 Page 21 of 26 DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ON ALL CLAIMS AND BRIEF IN SUPPORT Page 17 [ERISA].”

¶¶ 9, 32. 9 ERISA § 402(a)(2), 29 U.S.C. § 1102(a)(2); ERISA § 3(21)(A), 29 U.S.C. § 1002(21)(A); see also Trs. of the Graphic Commc’ns Int’l Union Upper Midwest Local 1M Health & Welfare Plan v. Bjorkedal, 516 F.3d 719, 732 (8th Cir. 2008).

2 at 47-48 §14.01(b); 29 U.S.C. §1102(a). Defendant Jerome Carter was the Plan Administrator from 2000 through 2004.

In accordance with this contract, all Plan assets (except those invested in the CIGNA Stock Fund) are invested in either PRIAC’s general account (via participant investment in the Fixed Income Fund) or one of 20 PRIAC-owned separate accounts (10/15/05 IC pp. 14-42, 48).3 27. PRIAC is the “investment manager” of the Plan’s 20 separate accounts within the meaning of ERISA Section 402(c)(3), 29 U.S.C. § 1102(c)(3), although it contracts with other entities to provide fund-level investment advice and management services (10/15/05 IC p. 48). 28.

ERISA, through its statutory provisions, affords primacy to the written plan document and requires that benefit determinations be made based solely on such written terms. See 29 U.S.C. § 1102(a)(1) (“Every employee benefit plan shall be established and maintained pursuant to a written instrument.”); 29 U.S.C. § 1102(b)(3) (requiring that plan amendments be in writing and follow procedures contained in plan); 29 U.S.C. § 1132(a)(1)(B) (providing cause of action to participant to “recover benefits . . . under the terms of his plan”).

8 Insperity Holdings is the sole general partner of Insperity Retirement Services. 2016 Annual Rep., State of Fla., http://tinyurl.com/RS16FL. 8 15 (§10.2); see 29 U.S.C. §1102(a). Insperity Holdings hired Defendant Reliance Trust Company to perform certain investment-related duties, but remained responsible for monitoring Reliance Trust (29 U.S.C. §1105(c)(2)) and remained responsible for the selection, retention, and compensation of the Plan’s recordkeeper (AC ¶¶23, 57).