1. whether, when proceeding under § 502(a)(3) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1132(a)(3), which allows a beneficiary to bring a suit to obtain "appropriate equitable relief," a beneficiary may seek the remedy of surcharge, a form of relief that this Court has previously described as being "exclusively equitable," CIGNA Corp. v. Amara, 563 U.S. 421, 442 (2011); and

(2) if beneficiaries cannot seek surcharge, whether certain state law claims arising out of a trust agreement that is separate from an ERISA plan are preempted.

Whether a plaintiff can seek equitable surcharge as a remedy under ERISA Section 1132(a)(3) when federal circuit courts are split on the availability of such relief