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The Forfeiture Cases Keep Rolling In: This Time with a Solid Win for Defendants
Boutwell Fay LLP Link to more items from this source
Feb. 20, 2025

"[T]he plan document had helpful language granting complete discretion to the plan sponsor to decide the amount of plan expenses it would pay each year. The court distinguished between the 'settlor' decision by the employer to pay or not pay expenses -- as a non-fiduciary decision.... The court also held that there was no 'transaction' that could be the basis of a prohibited transaction finding, because there was no risk of underfunding because of the employer's actions." [Hutchins v. HP Inc., No. 23-5875 (N.D. Calif. Feb. 5, 2025)]  MORE >>

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