Can an ERISA plan fiduciary assert equitable lien by agreement claims against persons with which it has no agreement?

Questions Presented For Review 1. Can an ERISA plan fiduciary assert equitable lien by agreement claims against persons with which it has no agreement? 2. Can the undisclosed conditions subsequent of an ERISA plan be applied retroactively against individuals with whom the ERISA plan administrator has no agreement? 3. Where a summary plan description omits an ERISA plan’s common fund-negating language, under what circumstances does the common fund rule operate? ii II. Corporate Affiliation Pursuant to Rule 29.6 of this Court’s Rules, petitioners state that they have no parent corporation(s) and no shareholders. No publicly held corporation owns any stock in any petitioner. iii