Petition of the day

Issues: (1) Whether a benefit plan subject to the Employee Retirement Income Security Act, as an entity, is always a proper defendant in an action to recover benefits pursuant to 29 U.S.C. § 1132(a)(1)(B), as held by the U.S. Court of Appeals for the 2nd Circuit, New Mexico Court of Appeals and others, or is an ERISA plan sometimes not a proper defendant as held here by the Colorado Supreme Court and the U.S. Court of Appeals for the 11th Circuit; and (2) whether service of process on the Secretary of Labor is proper under 29 U.S.C. § 1132(d)(1) when a summary plan description designates a corporation for service given that ERISA differentiates between an “individual” and a “person” — specifically defining only the term “person” to include corporations.