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Wong v. I.A.T.S.E.

Cognizable ERISA Claim Not Stated by Fiancee Challenging Plan Beneficiary Status

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OPINION & ORDER In July 2022, plaintiff Ka-Lai Wong’s fiance, Sean McClintock, unexpectedly passed away at age 54. A renowned audio engineer, McClintock was a member of the International Alliance of Theatrical Stage Employees (“IATSE”) and a participant in its employee benefit plan (the “Plan”). Before his death, McClintock had signed — but had not submitted — a form designating Wong as his sole beneficiary under the Plan. Because the Plan’s rules only recognize beneficiary forms received before a participant’s death, defendant IATSE Annuity Fund (the “Fund”) informed Wong that McClintock’s benefits would go to his next of kin — his parents — and not to her. Wong here sues the Fund under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§1001 et seq., alleging that it breached its fiduciary duties in administering the Plan. Dkt. 24 (“Second Amended Complaint” or “SAC”)

42-49. Pending now is the Fund’s motion to dismiss Wong’s SAC for failure to state a claim, under Federal Rule of Civil Procedure 12(b)(6). Although Wong is blameless and her circumstances are undeniably sympathetic, she has failed to plead a cognizable ERISA claim. The Court thus must grant the motion to dismiss the SAC. I. Background A. Factual Background¹ 1. The Parties Wong resides in Bay Ridge, Brooklyn. SAC 2. IATSE Annuity Fund operates IATSE’s employee benefit plan, established under various collective bargaining agreements. Id.

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