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So You Don't Think Retirement Plan Fiduciaries Need Section 404(c) Protection!

August 01, 2002

By Paul Hastings Professional

If your company’s defined contribution (e.g., 401(k)) plan allows participants to control how their accounts are invested, but the plan does not qualify for special protection under ERISA Section 404(c), plan fiduciaries could be held liable for imprudent participant investment decisions. Allison v. BankOne-Denver, illustrates the consequences of not qualifying for Section 404(c) protection. It held fiduciaries liable for participants’ decisions to invest 100% of their defined contribution plan accounts in a hedge fund that failed.

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