Question: can erisa claims be waived?
Answer: The effectiveness of general release agreements in barring later-filed ERISA claims has been a frequent subject of litigation. ... ERISA precludes waiver of fiduciary breach claims; and. an individual release is not effective as to ERISA § 502(a)(2), 29 U.S.C. § 1132(a)(2), claims brought on behalf of the plan.