context: Nonetheless, there are instances in which ERISA still controls even where misconduct takes place after plan termination. See, e.g., Horn v. Berdon, Inc. Defined Ben.
citation_a.signal: see also
citation_a.identifier: 567 F.3d 1021, 1027
citation_a.parenthetical: indicating that, even after plan termination, a plan could be " 'viewed as continuing to exist for the purpose of distributing the equitably vested benefits' "
citation_a.sentence: Pension Plan, 938 F.2d 125 (9th Cir.1991) (applying ERISA to a claim for breach of fiduciary duty where, after plan terminated, employer found that there was a surplus — ie., plan assets exceeded liabilities— and distributed surplus to corporation rather than beneficiaries); see also Vaughn v. Bay Environmental Management, Inc., 567 F.3d 1021, 1027 (9th Cir. 2009) (indicating that, even after plan termination, a plan could be “ ‘viewed as continuing to exist for the purpose of distributing the equitably vested benefits’ ”); cf. Gallagher v. Life Ins. Co. of N. Am., No. C 07-05224 SBA, 2008 WL 753733, at *12, 2008 U.S. Dist. LEXIS 119693, at *36-37 (N.D.Cal.
citation_b.signal: no signal
citation_b.parenthetical: applying ERISA to a claim for breach of fiduciary duty where, after plan terminated, employer found that there was a surplus -- ie., plan assets exceeded liabilities-- and distributed surplus to corporation rather than beneficiaries
citation_b.sentence: Pension Plan, 938 F.2d 125 (9th Cir.1991) (applying ERISA to a claim for breach of fiduciary duty where, after plan terminated, employer found that there was a surplus — ie., plan assets exceeded liabilities— and distributed surplus to corporation rather than beneficiaries); see also Vaughn v. Bay Environmental Management, Inc., 567 F.3d 1021, 1027 (9th Cir. 2009) (indicating that, even after plan termination, a plan could be “ ‘viewed as continuing to exist for the purpose of distributing the equitably vested benefits’ ”); cf. Gallagher v. Life Ins. Co. of N. Am., No. C 07-05224 SBA, 2008 WL 753733, at *12, 2008 U.S. Dist. LEXIS 119693, at *36-37 (N.D.Cal.