Procedure
Plaintiff Mertens sued for a breach of fiduciary duty under ERISA. They asserted that it was a breach for an actuary to allow the employer, the Kaiser steel company, to select actuarial assumptions rather than have the professional actuary choose reasonable assumptions. Plaintiff sought "appropriate equitable relief" under Section 502(a)(3) not 502(a)(2) chosen by the Ninth Circuit in Russell.
Read more about this topic: Mertens V. Hewitt Associates