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Remedies (Through Tort Damages)

ERISA Section 502(a)(3)

(a) Persons empowered to bring a civil action

A civil action may be brought—

(1) by a participant or beneficiary—

(A)for the relief provided for in subsection (c) of this section, or

(B)to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan;

(2)by the Secretary, or by a participant, beneficiary or fiduciary for appropriate relief under section 1109 of this title;

(3)by a participant, beneficiary, or fiduciary 

(A) to enjoin any act or practice which violates any provision of this subchapter or the terms of the plan, or

(B) to obtain other appropriate equitable relief

(i) to redress such violations or

(ii) to enforce any provisions of this subchapter or the terms of the plan;