A U.S. District Court judge dismissed the third amended complaint of a participant lawsuit against Adventist Health System challenging its church plan status.
Judge Gregory A. Presnell in the U.S. District Court in Orlando, Fla., dismissed the third amended complaint Tuesday.
The class-action lawsuit was originally filed by Donna Sheedy in October 2016 on behalf of plan participants against Adventist Health System and the administrative committee of its defined benefit plan, alleging that the plan did not meet the "church plan" exemption from the Employee Retirement Security Income Act of 1974 because it was not "established" and "maintained" by a church.
Following the dismissal of the original lawsuit and the first two amended complaints, the plaintiff's third amended complaint was made on behalf of the Seventh Day Adventist Hospital Retirement Plan, which was frozen in 1992, suing for an order to direct the defendants "to bring the hospital plan into compliance with ERISA."
Mr. Presnell dismissed the complaint due to "lack of standing."
Thomas J. McKenna, attorney for the plaintiff, could not be immediately reached for comment. Adventist officials could not immediately provide comment.
