In Van Orman v. American Ins. Company, 680 F.2d 301, 312 (3d Cir.1982), the Third Circuit held that plan participants were not entitled, under the doctrine of unjust enrichment, to portions of an actuarial plan surplus. Writing for the court, Chief Judge Seitz stated that because the plan document did not afford the plaintiffs any right to the surplus, contravening the provision would "require a particularly strong affirmative indication that such a common law right would effectuate a statutory policy." 680 F.2d at 313.