In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: of benefits in 1989 established a "pattern” of benefit increases such that the Plan's later rescission of the 1999 Benefits Increase, which was adopted ten years after the 1989 increase, violated the anti-cutback rule. We find this argument to be without merit as a matter of law. 18 . Thornton also alleges that the Board breached its fiduciary duty by favoring one class of Plan participants over another class, specifically by eliminating the 1999 Benefits Increase for pre-February 1, 1999 retirees while maintaining it for Plan participants retiring on or after that date. Thornton waived this argument on appeal, however, by waiting until his reply brief to address the issue, rather than raising it first in his opening brief. United States v. Perkins, 994 F.2d 1184, 1191 (6th Cir.1993) (<HOLDING>). 19 . 29 U.S.C. § 1132(a) states in relevant 
 Holding statements: (A) holding that arguments raised for the first time in a reply brief are forfeited (B) holding that an argument raised for the first time in a reply brief is waived (C) holding that issue raised for the first time in reply brief was waived (D) holding issues raised for the first time in a reply brief are not properly before this court (E) holding that issues not raised before the district court cannot be raised for the first time before this court
[EX A]: holding that arguments raised for the first time in a reply brief are forfeited

[EX Q]: Welliver was originally entered into by Wellco, Inc. as Welliver’s predecessor. 4 . Ward is a Delaware corporation with its principal place of business located in Bloss-burg, Pennsylvania. 5 . A “turn-key” project is one “in which all owner need do is 'turn the key' in the lock to open the building with nothing remaining to be done and all risks lo be assumed by contractor.” Black's Law Dictionary 1055 (6th ed.1991). 6 . Welliver is located in Elmira, New York. 7 . Ward Excavating is a Pennsylvania corporation with its principal place of business located in Troy, Pennsylvania. 8 . The phrases "peculiar risk” and "special danger” are used interchangeably. Restatement (Second) of Torts § 416 comment a (1965); Ortiz v. Ra-El Dev. Corp., 365 Pa.Su per. 48, 528 A.2d 1355, 1357 n. 2 (1987) (<HOLDING>). 9 . Nowhere in their Brief in Opposition to 
 Holding statements: (A) holding that an agreement which required the submission of an affidavit of payment to subcontractors or lien waivers before payment was made by the general contractor was for the direct benefit of the subcontractors (B) holding corporation that contracted with independent contractor not liable to subcontractors employee plaintiff was unable to establish that peculiar risk or special danger caused injury (C) holding in part that the liability insurance company of the subcontractor which had named the general contractor as an additional insured on the subcontractors policy was liable to reimburse the general contractor for a settlement payment the general contractor had made to the subcontractors employee (D) holding that contract charged primary contractor with a duty of care for all employees on the work site including employees of its subcontractors where contract required primary contractor to comply with applicable state and federal safety statutes and regulations made primary contractor responsible for reviewing safety programs of its subcontractors and primary contractor employed a safety officer to oversee its subcontractors operations (E) holding that bankruptcy trustee for contractor could not avoid prepetition payment of funds from contractor to subcontractors
[EX A]: holding that an agreement which required the submission of an affidavit of payment to subcontractors or lien waivers before payment was made by the general contractor was for the direct benefit of the subcontractors

[EX Q]: claims before the Commission, the claims are properly before us because they were actually addressed by the Commission. We disagree. The mere fact that the Commission discusses an issue does not mean that it was provided a meaningful “opportunity to pass” on the issue. It is only through the adversarial process (or analogous circumstances) that the Commission is afforded such an opportunity within the meaning of § 405. We, of course, recognize that § 405 does not require that the party seeking judicial review of an issue be the party that provided the Commission with the opportunity to pass on the discussion of an issue in an ALJ opinion adopted by the Board was “insufficient to satisfy the requirements” of § 10(e) of the NLRA); Burkhart v. WMATA, 112 F.3d 1207, 1215 (D.C.Cir.1997) (<HOLDING>). In any event, Bartholdi’s challenge to the 
 Holding statements: (A) holding that a district courts ruling may be upheld on an alternative ground supported by the record (B) holding that the court of appeals erred in granting habeas corpus when it only addressed one of the state courts alternative grounds for rejecting a brady claim noting that the ground it addressed was introduced by the state court with the word moreover confirming that it was an alternative basis for its decision (C) holding that the district court did not abuse its discretion in its ruling whether to proceed with a declaratory judgment action (D) holding an issue not preserved when one ground is raised to the trial court and another ground is raised on appeal (E) holding that district courts discussion of an alternative ground for its decision did not undermine its ruling that appellants claim was untimely raised
[EX A]:
holding that a district courts ruling may be upheld on an alternative ground supported by the record