The SEC has been targeting recordkeeper cross-selling practices, but ERISA has its own restrictions that may be violated when a recordkeeper markets to plan participants. What does a recently filed lawsuit against Empower mean for plan sponsors and committees?
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Will common sense prevail? The Supreme Court will be issuing an opinion on what plaintiffs must plead in their complaints in order to claim that plan service arrangements are prohibited transactions. A decision for defendants could rein in fishing expeditions.
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