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401(k) Forfeiture Litigation: Implications for Plan Sponsors
Bond, Schoeneck & King 
July 15, 2025 "A plan could be amended to prescribe the order priority of forfeiture use rather than allowing the plan administrator to decide.... Another option that maintains some discretion in how forfeitures are used is to amend the plan to unambiguously vest discretion in the plan sponsor (not the administrator) as a plan funding decision and settlor function.... Finally, a plan sponsor could amend the plan to require that, when forfeitures are used to pay administrative expenses, they may only be used to pay administrative expenses that would have otherwise been borne by the employer[.]" MORE >> |
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