Guest tm3333 Posted October 20, 2011 Posted October 20, 2011 Is there a breach of fiduciary duty if a plan administrator fails to furnish participants with an SPD in accordance with ERISA section 104(b)(1), but does furnish an SPD upon a participant's written request under ERISA section 104(b)(4)?
QDROphile Posted October 21, 2011 Posted October 21, 2011 Yes, subject to a two part legal analysis: 1. So what? 2. Who cares? The response is expressed in a flip way, but the substance is serious.
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