434
Syllabus
implementing the noncontributory structure are not impermissible under the statute. Pp. 443-446.
(e) The addition of the noncontributory benefit structure does not require that Hughes be ordered to terminate the Plan. Respondents concede that no voluntary termination has occurred within the meaning of ERISA § 4041(a)(1); and their termination claim cannot be salvaged under the common-law theory of a wasting trust, whose purposes having been accomplished, its continuation would frustrate the settlor's intent. That doctrine appears to be inconsistent with ERISA's termination provisions and thus must give way to the statute. See Varity Corp. v. Howe, 516 U. S. 489, 497. Assuming that the doctrine might apply in certain circumstances, it is by its own terms inapplicable in this case. The circumstances here—the Plan continues to accept new members and pay benefits, and has thousands of active participants in the contributory benefit structure alone—can in no way be construed to constitute an enfeebled plan whose membership has dwindled to a mere remnant that would no longer benefit from the Plan's administration. Pp. 446-448.
105 F. 3d 1288 and 128 F. 3d 1305, reversed.
Thomas, J., delivered the opinion for a unanimous Court.
Paul T. Cappuccio argued the cause for petitioners. With him on the briefs were Kenneth W. Starr, Richard A. Cordray, Christopher Landau, Marcy J. K. Tiffany, T. Warren Jackson, and Robert F. Walker.
Lisa Schiavo Blatt argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Solicitor General Waxman, Deputy Solicitor General Kneedler, Marvin Krislov, James J. Keightley, and Stuart L. Brown.
Seth Kupferberg argued the cause for respondents. With him on the brief were Richard Dorn and I. Philip Sipser.*
*Briefs of amici curiae urging reversal were filed for the ERISA Industry Committee et al. by Michael S. Horne, John M. Vine, and Caroline M. Brown; and for the Hughes Aircraft Retirees Association et al. by David E. Gordon.
Briefs of amici curiae urging affirmance were filed for AT&T, RCA, and Boeing Employees by Norman Zolot and Kent Cprek; and for the
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