U.S.C. §§ 1021-1030, and for the obligations and liability of fiduciaries. 29 U.S.C. §§ 1101-1145. It is quite clear that the Act provides the exclusive source for such matters and plaintiffs' state law claims based on misrepresentations and failure to disclose are therefore pre-empted.
We do not offer any opinion as to the efficacy of such claims under ERISA, particularly since plaintiffs have steadfastly insisted that they make no claim under the Act.
We are left then to consider the plaintiffs' claims that they were employed by defendant "on the payroll" at the effective date of the special plan and are therefore entitled to participate. Plaintiffs base this claim on two salient facts: (1) accrued vacation and sick days extended plaintiffs' time on the payroll through the effective date, and (2) the plaintiffs' applications for retirement were not accepted until well after the plan's effective date.
Simply put, the briefs and evidentiary materials do not provide sufficient ground for us to address these claims. We will therefore deny summary judgment to this extent, with leave to both parties to file any additional dispositive motions, well supported with briefs and evidentiary material relevant to the question, within the time set forth in the accompanying order, and any response to be filed within 15 days thereafter.
In conclusion, partial summary judgment will be entered in favor of defendant and against plaintiffs on plaintiffs' claims of misrepresentation and failure to disclose. Summary judgment on all remaining matters is denied both parties, with leave to file additional motions on the terms indicated.
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