Compass
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Bates & Company, Inc.
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Loan & Distribution Specialist AimPoint Pension
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Defined Benefit Combo Cash Balance Compliance Consultant Loren D. Stark Company (LDSCO)
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AimPoint Pension
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Regional Vice President of Sales The Retirement Plan Company
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Only 'Actual' Knowledge of Disclosure Triggers Three-Year Limitations Period for ERISA Fiduciary Breach
Stradley Ronon Mar. 9, 2020 "The opinion leaves room for plan fiduciaries to argue that evidence of a plaintiff/participant's 'willful blindness' to disclosures supports a finding of 'actual' knowledge.... Dissemination of disclosures should be tracked, with acknowledgments sought where appropriate, to confirm plan participants are reading and comprehending such information. When considering challenges to class certification, fiduciaries may find utility in highlighting the individualized nature of probing the 'actual' knowledge of plaintiff/participants." [Intel Corp. Investment Policy Comm. v. Sulyma, No. 18-1116 (S. Ct. Feb. 26, 2020)] |
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