Question not identified.

Under § 502(a)(3) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1132 (a)(3), a beneficiary may bring suit to obtain “appropriate equitable relief.” The question s presented are: 1. Whether, when proceeding under § 1132(a)(3), a beneficiary may seek surcharge , a remedy that this Court has described as being “exclusively equitable .” CIGNA Corp. v. Amara , 563 U.S. 421, 442 (2011). 2. Whether , if surcharge is unavailable under § 1132(a)(3), a beneficiary may pursue state -law claims arising out of a contract that is separate and apart from an ERISA plan and that is not required by the plan , or whether these state -law claims are preempted, thereby leaving the beneficiary without a remedy under either federal or state law .