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Recently Filed Cases Show Continuing Evolution of Participant Fiduciary Claims
CAPTRUST Financial Advisors
Feb. 9, 2016
"These cases include allegations that 401(k) plan fiduciary committees and their members breached their responsibilities by: [1] Constructing a custom target date strategy that included hedge funds that suffered significant losses; [2] Not using the least expensive mutual fund share classes available to the plan -- or using mutual funds when less expensive commingled trusts or separate accounts of essentially the same investment strategies were available; [3] Allowing the plan to pay excessive recordkeeping and administrative fees in a multiple employer plan arrangement; [4] Using a money market fund rather than a stable value fund as the plan's cash-equivalent alternative."
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