Are non-tracing monetary remedies (e.g., surcharge) available under 29 U.S.C. § 1132(a)(8) to ERISA plan participants and beneficiaries asserting breach of fiduciary duty claims against plan fiduciaries?

QUESTION PRESENTED This petition presents a single question about the proper application of this Court’s landmark decision CIGNA Corp. v. Amara, 563 U.S. 421 (2011), which outlined the remedies available under 29 U.S.C § 1132(a)(3), an important provision of the Employee Retirement Income Security Act of 1974 (“ERISA”). Until the Fourth Circuit issued the decision below, every circuit to address the question presented was in agreement. In this case, the Fourth Circuit reversed its own prior circuit precedent and divided the circuits. In reliance on a footnote from an unrelated case, Montanile v. Board of Trustees of National Elevator Industry Health Benefit Plan, 577 U.S. 186 (2016), the Fourth Circuit concluded Amara was no longer good law and declared that a major category of equitable remedies is not available under ERISA. The question presented by this petition is: Are non-tracing monetary remedies (e.g., surcharge) available under 29 U.S.C. § 1132(a)(8) to ERISA plan participants and beneficiaries asserting breach of fiduciary duty claims against plan fiduciaries?