Excerpt: A federal judge has dismissed a class-action lawsuit filed on behalf of 150,000 participants in Citigroup's two 401(k) plans, saying the company's inclusion of company stock as an investment option did not violate its fiduciary duties under ERISA. U.S. District Court Judge Sidney H. Stein in New York tossed out the lawsuit, filed on behalf of participants in Citigroup's 401(k) Plan and the Citibuilder 401(k) Plan for Puerto Rico. 'Investment in Citigroup stock was presumptively prudent, and plaintiffs have failed to allege facts in support of a possible claim to overcome that assumption,' Judge Stein wrote in his ruling. Judge Stein added that the two 401(k) plans 'unequivocally required' that Citigroup stock be offered as an investment option, and thus 'had no discretion and could not be acting as fiduciaries' with respect to the plans' investment in company stock. According to the ruling, the inclusion of the company stock was mandated in the terms of the plans.