Barboza v. California Ass'n of Professional Firefighters

This appeal requires us to interpret three different provisions of the Employee Retirement Income Security Act of 1974 (ERISA): (1) the requirement in 29 U.S.C. § 1103 (a) that “all assets of an employee benefit plan shall be held in trust by one or more trustees,” sometimes called the “hold in trust” requirement; (2) the prohibition against fiduciary self-dealing under 29 U.S.C. § 1106 ; and (3) the “summary annual report” requirement under 29 C.F.R. § 2520 .104b-10(a).

I

This case arises out of a disability benefits dispute between David Barboza, a retired firefighter for the City of Tracy, California, and the California Association of Professional Firefighters (CAPF), the manager of an employee welfare benefit plan. Barboza initially filed an action against CAPF and other co-defendants in March 2008, alleging that CAPF had withheld certain long-term disability benefits to which Barboza was entitled. While that related action was ongoing, Barboza initiated a second lawsuit (the action on appeal here) in October 2008 against CAPF, California Administration Insurance Services, Inc. (CAISI), and individual members of the board of directors for both CAPF and CAISI…