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The CommonSpirit Health Decision: Fiduciary Risk Management Lessons for Plan Sponsors
The Prudent Investment Fiduciary Rules Link to more items from this source
[Opinion]
July 8, 2022

"[1] SCOTUS needs to expressly resolve this ongoing 'apples and oranges' debate once and for all, to expressly rule on the propriety of using index funds for benchmarking purposes.... [2] The whole 'fiduciary disclaimer clause' issue needs to be addressed. More specifically, the question of whether a plan sponsor breaches his fiduciary duties of prudence and loyalty to the plan participants by agreeing to an advisory contract that contains a fiduciary disclaimer clause." [Smith v. CommonSpirit Health, No. 22-5964 (6th Cir. Jun. 21, 2022)]

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