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Peter Gulia

Has any court found that an actuary might be a plan fiduciary?

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Does anyone know about any court decision that found an actuary was a plan fiduciary, or at least that a complaint sufficiently alleged that an actuary was a plan fiduciary?

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Actuaries can only be liable for malpractice if they are considered to be professionals under state malpractice law. Professionals include doctors, lawyers and accountants. In NY actuaries are not considered to be professionals so they can be sued for breach of contract which has a 6 year statute of limitations instead of the shorter 3 year s/l for malpractice.

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