Tess Gee commented on the implications of the U.S. Supreme Court's upcoming review of Thole vs. U.S. Bank, which will determine if retirement fund participants can sue their employer's pension plan if it lost money but, because it was overfunded, they did not see their benefits curtailed. "This could be a game changer" if the plaintiffs prevail, Gee said, adding that if the justices rule for the plan beneficiaries, the matter would be sent back to lower courts for re-litigation.