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Text of DOL's Tibble Amicus Brief, in Support of Plaintiffs-Appellants on Whether Plan Fiduciaries Acted Imprudently
U.S. Department of Labor [DOL] Link to more items from this source
[Official Guidance]
June 3, 2011
Accordingly, this Court should (i) affirm the district court's holding that defendants acted imprudently by including in the Plan retail mutual funds that were available at much lower, institutional fees; (ii) reverse the district court's holding that any claims based on mutual funds selected prior to August 16, 2001, were time barred; (iii) affirm the district court's conclusion that ERISA section 404(c) is inapplicable; and (iv) reverse the district court's finding that the fiduciary decisionmakers were independent of SCE within the meaning of the Secretary's Advisory Opinions construing section 406(b)(3).

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