The Department of Labor has proposed a new safe harbor for 401(k) menu choices, including alternative investments. The hope is that the safe harbor will help to limit litigation against plan fiduciaries responsible for investments. How much of a shield could it provide?
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A good plan governance structure provides a roadmap for fulfilling ERISA fiduciary responsibilities. It can also mitigate the risk of losing a fiduciary breach lawsuit. A prudent process is key.
Read MoreThe Supreme Court doesn’t issue a lot of ERISA opinions, but when it does, the pension community pays attention. In its recent decision in Cunningham v. Cornell University, the Court made it easier to sue all plans using third party service providers.
Read More401(k) sponsors routinely use forfeitures to reduce employer contributions. New lawsuits say this is an ERISA violation. Who will win?.
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