WILSON ET UX.

v.

ALEXANDER'S POWER SHIPPING CO., LTD.

Citator

Cited By

• Varity Corp. v. Howe, 516 U.S. 489 (U.S. 1996)
  …modify welfare benefits, the decision to make, or not to make, such representations is made in the employer’s “corporate nonfiduciary capacity as plan sponsor or settlor,” Borst v. Chevron Corp., 36 F. 3d 1308, 1323, n. 28 (CA5 1994), cert. denied, 514 U. S. 1066 (1995), and ERISA’s fiduciary rules do not apply. Such communications simply are not made in the course of implementing the plan or executing its terms. Rather, they are the necessary incidents of conducting a business, and Congress determined that…
• Hunt v. Hawthorne Assocs., Inc., 119 F.3d 888 (11th Cir. 1997)
  …. As a result, the value of a participant’s interest in the Plan depends not only upon the funds contributed but also on the investment return on the Fund’s assets. See Borst v. Chevron Corp., 36 F. 3d 1308, 1311 n. 2 (5th Cir.1994), cert. denied, 514 U.S. 1066, 115 S.Ct. 1699, 131 L.Ed.2d 561 (1995). The value of the Fund is calculated annually as of December 31 of each calendar year. See § 5.1 (“Fund Value”). The Plan designates Eastern as the “plan administrator.” Eastern has “those powers necessary…