Mertens v. Hewitt Associates, 508 U.S. 248, 5 (1993)

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252

MERTENS v. HEWITT ASSOCIATES

Opinion of the Court

nance of proper records, the disclosure of specified information, and the avoidance of conflicts of interest." Massachusetts Mut. Life Ins. Co. v. Russell, 473 U. S. 134, 142-143 (1985); see 29 U. S. C. 1104(a). Section 409(a), 29 U. S. C. 1109(a), makes fiduciaries liable for breach of these duties, and specifies the remedies available against them: The fiduciary is personally liable for damages ("to make good to [the] plan any losses to the plan resulting from each such breach"), for restitution ("to restore to [the] plan any profits of such fiduciary which have been made through use of assets of the plan by the fiduciary"), and for "such other equitable or remedial relief as the court may deem appropriate," including removal of the fiduciary. Section 502(a)(2), 29 U. S. C. 1132(a)(2)—the second of ERISA's "six carefully integrated civil enforcement provisions," Russell, supra, at 146 3

3 Section 502(a) reads in its entirety: "(a) Persons empowered to bring a civil action "A civil action may be brought—

"(1) by a participant or beneficiary— "(A) for the relief provided for in subsection (c) of this section, or "(B) to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan;

"(2) by the Secretary, or by a participant, beneficiary or fiduciary for appropriate relief under section 1109 of this title;

"(3) by a participant, beneficiary, or fiduciary (A) to enjoin any act or practice which violates any provision of this subchapter or the terms of the plan, or (B) to obtain other appropriate equitable relief (i) to redress such violations or (ii) to enforce any provisions of this subchapter or the terms of the plan;

"(4) by the Secretary, or by a participant, or beneficiary for appropriate relief in the case of a violation of [section] 1025(c) of this title;

"(5) except as otherwise provided in subsection (b) of this section, by the Secretary (A) to enjoin any act or practice which violates any provision of this subchapter, or (B) to obtain other appropriate equitable relief (i) to redress such violation or (ii) to enforce any provision of this sub-chapter; or

"(6) by the Secretary to collect any civil penalty under subsection (c)(2) or (i) or (l) of this section." 29 U. S. C. 1132(a) (1988 ed. and Supp. III).

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