ERIC Files Amicus Brief in Thole v. U.S. Bank

For Immediate Release

Washington, DC – The ERISA Industry Committee (ERIC) has filed an amicus brief with the U.S. Supreme Court in James J. Thole v. U.S. Bank N.A., asking the Court to uphold the U.S. Court of Appeals for the Eighth Circuit’s decision that the plaintiffs did not have the legal right to sue and the statute of limitations had run out on the ERISA claims. The brief was filed jointly with the Chamber of Commerce of the United States of America and American Benefits Council.

The amicus brief argues that participants in a defined benefit retirement plan do not have standing under Article III for a breach of fiduciary duty under the Employee Retirement Income Security Act of 1974 (ERISA), unless the alleged breach greatly increases the risk that the participant will not receive the promised benefit. The brief further explains that the investment risk in a defined benefit plan is largely born by the employer who must make additional contributions if an investment strategy fails to meet the plan’s funding requirements. As such, a breach of fiduciary duty under ERISA in a defined benefit plan would occur only where the participant can show that there is a risk of the promised benefit not being paid. The plaintiffs in this case could not show, and still cannot prove, that they were at risk of not receiving promised benefits since the plan is and has been overfunded since 2014.

“It is important for the Supreme Court to recognize that employers voluntarily offer retirement plans as a way to retain and attract employees, but if lawsuits like Thole v. U.S. Bank N.A. are allowed to continue employers may be dissuaded from offering these benefits,” said Aliya Robinson, Senior Vice President of Retirement and Compensation Policy, ERIC.

As the only national association exclusively representing the large plan sponsor perspective, it was imperative for ERIC to file this brief. Plan sponsors voluntarily offer retirement benefits and a Supreme Court decision allowing potentially more damaging and frivolous lawsuits would discourage employers from continuing to offer these benefits.

Click here to read ERIC’s amicus brief.


All media inquiries to The ERISA Industry Committee should be directed to:

Kelly Broadway, 202.627.1918,

About the ERISA Industry Committee
ERIC is a national advocacy organization that exclusively represents large employers that provide health, retirement, paid leave, and other benefits to their nationwide workforces. With member companies that are leaders in every sector of the economy, ERIC advocates on the federal, state, and local levels for policies that promote flexibility and uniformity in the administration of their employee benefit plans.