Draper

MEMORANDUM OF DECISION

Plaintiff brought this action alleging three violations of the Employment Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 et seq.: (1) charge of an excessive premium for continued health insurance in violation of 29 U.S.C. § 1162 ; (2) failure to provide requested plan documents in violation of 29 U.S.C. § 1132 ; and (3) breach of fiduciary duty to disclose information in violation of 29 U.S.C. §§ 1104 (a) and 1109.

This action came on regularly for trial, without a jury, on February 28, March 1, 2, and 3,1995. Having considered the evidence presented and the arguments of counsel, the court now makes the following findings of fact and conclusions of law pursuant to Fed. R.Civ.P. 52(a).

BACKGROUND

Plaintiff Gary L. Draper worked for defendant Baker Hughes Incorporated (BHI) for approximately 27 years. In his last three years of employment, plaintiff occupied two executive level positions for subsidiaries of BHI located in Europe.

BHI is a large corporation with over 500 divisions and subsidiaries located throughout the world. Some, but not all, of these divisions are separately incorporated. Likewise, some, but not all, of the divisions…