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District Court Kills Most Class Action Claims Against Cash Balance Plan, but Allows Fiduciary Breach Claim to Continue
Bloomberg BNA
July 8, 2014
"The court [refused] summary judgment on the claim that the administrator breached its fiduciary duties to act solely in the interest of the plan participants by concealing potential violations of tax code Section 417(e) when calculating lump-sum payments to participants.... The court's decision significantly narrows the scope of a class action filed on behalf the participants in the Meriter Health Services Employee Retirement Plan, which had previously been certified as to 11 separate subclasses depending on employment status, receipt of plan benefits and age at retirement.... The main act that spurred the claims was an attempt by Meriter in 2003 to amend the plan to follow a cash-balance model and to follow the lump-sum calculation requirements of the tax code."
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