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Lupp v. Mercy Health, No. 1:16-cv-00441-SJD-SJD (SD Ohio)

Plaintiff brought this suit on behalf of all participants of the Mercy Health Partners Retirement Plan (the “Plan”).  Plaintiff alleges that the Plan was underfunded by over $200 million as of December of 2014 based on standards applicable to retirement plans covered by the Federal Employee Retirement Income Security Act (ERISA).  Defendants are not entitled to rely on the ERISA exemption for “church plans” because Mercy Health, which established the Plan and maintains it, is neither a church nor a convocation of churches.  The Complaint was filed in the U.S. District Court for the Southern District of Ohio in March of 2016.

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