10028 the district court concluded that respondents

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an employee benefit plan, who is or may become entitled to a benefit thereunder.” § 1002(8) . The District Court concluded that respondents were not entitled to damages under § 1132(c) because they were not plan “participants” or “beneficiaries” at the time they requested information from Firestone. 640 F.Supp., at 534 . The Court of Appeals reversed the District Court’s grant of summary judgment on Counts I and VII. 828 F.2d 134 (CA3 1987) . With respect to Count I, the Court of Appeals acknowledged that most federal courts have reviewed the denial of benefits by ERISA fiduciaries and administrators under the arbitrary and capricious standard. Id., at 138 (citing cases). It noted, however, that the arbitrary and capricious standard had been softened in cases where fiduciaries and administrators had some bias or adverse interest. Id., at 138-140. See, e.g., Jung v. FMC Corp., 755 F.2d 708, 711-712 (CA9 1985) (where “the employer's denial of benefits to a class avoids a very considerable outlay [by the employer], the reviewing court should consider that fact in applying the arbitrary and capricious standard of review,” and “[l]ess deference should be given to the trustee's decision”). The Court of Appeals held that where an employer is itself the fiduciary and administrator of an unfunded benefit plan, its decision to deny benefits should be subject to de novo judicial review. It reasoned that in such situations deference is unwarranted given the lack of assurance of impartiality on the part of the employer. 828 F.2d, at 137-145. With respect to Count VII, the Court of Appeals held that the right to request and receive information about an employee benefit plan “most sensibly extend[s] both to people who are in fact entitled to a benefit under the plan and to those who claim to be but in fact are not.” Id., at 153. Because the District Court had applied different legal standards in granting summary judgment in favor of Firestone on Counts I and VII, the Court of Appeals remanded the case for further proceedings consistent with its opinion. We granted certiorari, 485 U.S. 986, 108 S.Ct. 1288, 99 L.Ed.2d 498 (1988) , to resolve the conflicts among the Courts of Appeals as to the appropriate standard of review in actions under § 1132(a)(1)(B) and the interpretation of the term “participant” in § 1002(7) . We now affirm in part, reverse in part, and remand the case for further proceedings. II ERISA provides “a panoply of remedial devices” for participants and beneficiaries of benefit plans. Massachusetts Mutual Life Ins. Co. v. Russell, 473 U.S. 134, 146, 105 S.Ct. 3085, 3092, 87 L.Ed.2d 96 (1985) . Respondents’ action asserting that they were entitled to benefits because the sale of Firestone’s Plastics Division constituted a “reduction in work force” within the meaning of the termination pay plan was based on the authority of § 1132(a)(1)(B) . That
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Spring 2017 LER 590-E: GOVERNMENT REGULATION II 100 | P a g e provision allows a suit to recover benefits due under the plan, to enforce rights under the terms of the plan, and to obtain a declaratory judgment of future entitlement to benefits under the provisions of the plan contract. The discussion which follows is limited to the appropriate
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