Summary judgment on the Fourth and Fifth Claims AT T moves for summary judgment on the Fourth and Fifth Claims in the Fourth Amended Complaint. Although these claims assert violation of ERISA sections 402, pertaining to the written instrument requirement, and 404, pertaining to fiduciary duties, this Court has construed them as claims for benefits under the Plan. Engers v. AT T, 428 F. Supp. 2d 213, 226 (D.N.J. 2006) ("Plaintiffs' Fourth and Fifth Claims actually arise under § 502(a)(1)(B).") This recasts these claims as claims for benefits that have been denied by the Plan, with the Court serving to review the decision by the AT T Employee Benefits Committee ("Committee") to deny benefits. Defendants contend that the Committee's decision should be reviewed under an abuse of discretion standard, pursuant toFirestone Tire Rubber Co. v. Bruch, 489 U.S. 101, 115 (1989), because the Plan gave the Committee the discretionary authority determine eligibility and interpret Plan provisions. Defendants argue that the Committee did not abuse its discretion in denying benefits.