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High Court Affirms Ongoing Duty to Monitor Plan Investments, but Says Little on Scope of that Duty (PDF)
BuckLink to more items from this source
May 22, 2015
"The Court acknowledged the Ninth Circuit's point that 'characterizing the mere continued offering of a plan option, without more, as a subsequent breach would render the statute of limitations meaningless. ' Thus, according to the Court, there exists an as yet unspecified threshold lower than the Ninth Circuit's 'significant change in circumstances' for bringing a breach of fiduciary duty claim concerning investments selected prior to the six-year window.... ERISA's limitations period has stymied efforts to challenge the prudence of investments that have long been part of a plan's line up. This ruling may pry open the door for many such challenges." [Tibble v. Edison Int'l, No. 13-550 (U.S. May 18, 2015)]

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