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Effen’s post suggests an observation: In the Retirement Equity Act of 1984, Congress assumed there could be situations in which a person “cannot” be located. In the early 1980s, it might have been burdensome and expensive (at least in some circumstances) to search a person’s potential whereabouts. While the law remains the same, perhaps the facts surrounding how much care, skill, prudence, and diligence a prudent fiduciary would use (or ought to use) have changed.