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Note: When Donald Schaller (Retired Employee) sought a lump sum distribution from McDermott & Miller, P.C. (Employer), he was refused although he offered to provide a LC to assure payment of any excess over payment as if there had been no lump sum distribution, thereby causing the retirement plan to be underfunded. Retired Employee then sued Employer for breach of its fiduciary duty under the Employment Retirement Income Security Act, a US statute regulating pension plans. Employer moved for summary judgment. The United States District Court for the District of Nebraska, Camp, J., applying federal law, denied Employer's motion for summary judgment.

Whether the Employer failed to comply with its fiduciary duty to Employee by not reviewing the terms set forth by Employee with respect to the LC, the court stated, established a genuine issue of material fact.

[JEB/alh]

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