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DOL Proposed Class Exemption for Settlement of Lawsuits Brought by Plans
Deloitte & Touche Human Capital Advisory Services
Feb. 20, 2003
Excerpt: When an ERISA plan has been wronged, the plan's fiduciaries must take steps to ensure the plan is made whole. This sometimes involves ... legal action against other plan fiduciaries or parties in interest. Even though it often may be in the plan's best interest to settle these claims, certain settlement agreements may violate ERISA's and the IRC's prohibited transaction rules. In order to facilitate settlements, the [DOL] is proposing a ... class exemption ...
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