15.  Definition of Class.  N.R. proposes the following class:  All individuals who:  (a) have been, are, or will be participants or beneficiaries under  the Raytheon Health Benefit Plan in effect or renewed on or  after January 24, 2014; and  (b) who have received, require, or are expected to require  services for the treatment of a qualified mental health  condition that are excluded by the Plan pursuant to the “non- restorative speech therapy,” “non-restorative ABA speech  therapy,” and “habilitative services” exclusions.  Definition:  The term “qualified mental health condition” shall  mean a condition listed in the most recent Diagnostic and  Statistical Manual of Mental Disorders published by the  American Psychiatric Association to which Defendants  applied and/or currently apply the Plan’s “non-restorative  speech therapy,” “non-restorative ABA speech therapy,” and  “habilitative services” exclusions.   24.  N.R. is a five-year old child who was diagnosed with autism spectrum  disorder in 2017 by Sarah Barnett, M.D.    25.  Dr. Barnett recommends that N.R. receive speech therapy services to treat  his ASD.  See Appendix 10.   26.  N.R.’s speech therapy is provided by Ann Kulichik, MS, CCC-SLP/I, BRS- S.  Ms. Kulichik is a licensed Speech Language Pathologist.   61.  N.R. re-alleges all paragraphs above.   62.  Defendant Raytheon Company is a fiduciary under ERISA § 3(21)(A),  29 U.S.C. § 1002(21)(A), because it is the “Plan Sponsor” and is a named Plan fiduciary.  Defendant Raytheon Company exercises discretionary authority or discretionary control  with respect to the denial and appeal of denied claims under the Plan.   63.  Defendant William Bull is a fiduciary under ERISA § 3(21)(A), 29 U.S.C.  § 1002(21)(A), because he is the Plan Administrator and a named Plan fiduciary.   Defendant Bull exercises discretionary authority or discretionary control with respect to  the denial and appeal of denied claims under the Plan.   64.  ERISA imposes strict fiduciary duties upon plan fiduciaries.  ERISA  § 404(a)(1)(C), 29 U.S.C. § 1104(a)(1)(C), states, in relevant part, that a plan fiduciary  must discharge its duties with respect to a plan “solely in the interest of the participants  and beneficiaries and … in accordance with the documents and instruments governing  the plan insofar as such documents and instruments are consistent with the provisions  of this title and Title IV.”   70.  N.R. re-alleges all the paragraphs above.   73.  N.R. re-alleges all the paragraphs above.   74.  ERISA § 502(a)(3), 29 U.S.C. § 1132(a)(3), provides that a participant or  beneficiary may “enjoin any act or practice which violates any provision of this  subchapter or the terms of the plan.”  N.R. and the class seek to enjoin Defendants from  continuing to apply exclusions and limitations on all coverage of speech therapy to treat  qualified mental health conditions.  N.R. and the class also seek corrective notice and  reformation of the relevant Plan documents.   A.  N.R.’s Administrative Appeal   BREACH OF FIDUCIARY DUTIES  ERISA §§ 404(a)(1), 502(a)(2); 29 U.S.C. §§  1104(a), 1132 (a)(2)   CLAIM FOR RECOVERY OF BENEFITS, CLARIFICATION OF RIGHTS  UNDER TERMS OF THE PLANS AND CLARIFICATION OF  RIGHT TO FUTURE BENEFITS UNDER THE PLAN  ERISA § 502(a)(1)(B), 29 U.S.C. § 1132(a)(1)(B)   CLAIM TO ENJOIN ACTS AND PRACTICES IN VIOLATION OF THE TERMS  OF THE PLANS, TO OBTAIN OTHER EQUITABLE RELIEF AND TO  ENFORCE THE TERMS OF THE PLANS  ERISA § 502(a)(3), 29 U.S.C. § 1132(a)(3)  