Defined Contributions Compliance Consultant Loren D. Stark Company (LDSCO)
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Greenline Wealth Management
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Pollard & Associates
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Defined Benefit Combo Cash Balance Compliance Consultant Loren D. Stark Company (LDSCO)
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Retirement Planners and Administrators (RPA)
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New York City District Council of Carpenters Benefit Funds
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Defined Contribution Account Manager Nova 401(k) Associates
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Great Lakes Pension Associates, Inc.
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Senior Specialist 401k Recordkeeping T Bank N.A.
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TPA Retirement Plan Consultant EPIC RPS (TPA/DPS)
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Fringe Benefit Group
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Defined Benefit Consultant/Enrolled Actuary Pension Plan Specialists, PC
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Retirement Solutions Specialists
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Supreme Court Determines that Equitable Remedies May Be Appropriate for Faulty Disclosures (PDF)
Buck [Guidance Overview] June 3, 2011
The lower courts have taken differing positions on whether the descriptions in an SPD or SMM are to be treated as being incorporated in the plan. The Court's decision resolved the issue in the employer's favor. However, the plaintiffs' likely ability to accomplish the same result through equitable remedies does not provide an employer with much comfort. Plaintiffs may now have a whole new line of argument under which they can receive benefits described in the SPD or SMM but not included in the plan's terms. Employers must carefully prepare and scrutinize all plan communications.
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