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Bidwell Case Confirms that QDIA Safe Harbor Applies to Re-Enrollments (PDF)
The Wagner Law Group in 401(k) Advisor
Nov. 8, 2012
"The failure of the plaintiffs in [Bidwell v. University Medical Center, Inc. (6th Cir. 2012)] to respond to the request for a new election was the critical condition enabling the plan sponsor to claim protection of the QDIA safe harbor. The court deferred to the DOL's interpretation that the safe harbor applies beyond automatic enrollment to 'any other failure' of a participant to provide investment instruction."
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