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Sixth Circuit Upholds Qualified Default Investment Alternative Safe Harbor
Morgan Lewis
July 28, 2012 "The U.S. Court of Appeals for the Sixth Circuit affirmed that a Section 403(b) plan administrator did not breach its fiduciary duty to plan participants when it changed the plan's default investment fund and automatically transferred participants' investments to the new default fund without first receiving actual investment elections from the participants. [T]he Sixth Circuit upheld the [Kentucky District Court's] decision that the Department of Labor's ... Qualified Default Investment Alternative (QDIA) safe harbor protected a plan fiduciary from liability stemming from losses suffered following a transfer of participant accounts to the plan-selected default investment vehicle, provided adequate notice and other procedural requirements were satisfied." MORE >> |
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