Please explain fiduciary responsibility and the successful lawsuits brought
against plan fiduciaries by plan participants.
Why wouldn't the claims made
against plan fiduciaries be resurrected and turned on IRA fiduciaries?
Therefore, claims made
against plan fiduciaries is the bulwark of our system design.
Not exact matches
By providing investment recommendations that are compliant with ERISA Section 404 (c), the
Fiduciary Assure Program may help insulate
plan fiduciaries against legal claims that can result from offering inadequate or inappropriate investments.
After launching four 401 (k) lawsuits alleging breach of
fiduciary duty late last year, Minneapolis - based Nichols Kaster has filed four more in 2016, most recently
against Fujitsu and American Century's $ 600 million
plan.
The federal judge overseeing the case in Texas
against the Department of Labor's
fiduciary rule on Wednesday denied considering all but two of the eight amicus briefs filed in the court, allowing only the briefs filed by the Financial
Planning Coalition and the American Association for Justice.
In this article, they said ERISA Section 406 provides prohibitions
against fiduciary self - dealing and that «In accordance with these prohibited transaction rules, a
plan sponsor must not use the assets of the
plan to benefit itself.
According to plaintiffs, there is further evidence of a flawed
fiduciary process, «namely, approval of a TIAA loan program for University employees who elected to borrow
against their retirement
plan savings.»
However, Cerulli says there are some important arguments
against the use of TDFs that all ERISA
fiduciaries should consider: «The chief argument
against target - date funds is their homogeneity as they do not account for an investor's risk tolerance, specific retirement
plans, or other assets.»
The latest retirement industry litigation decision comes out of the U.S. District Court for the Northern District of Illinois, Eastern Division, pertaining to an Employee Retirement Income Security Act (ERISA) challenge filed
against the company CNA Financial, its subsidiaries and the
fiduciaries of its 401 (k)
plan.
In 2009, Ms. Goodman was co-lead trial counsel in one of the few class action ERISA cases ever to be tried, which involved claims
against the
fiduciaries of the 401k
plan of an S&P 500 company for imprudent investment in company stock and misrepresentations to
plan participants.