Determining whether plausible claims have been asserted against plan fiduciaries for violations of ERISA’s duty of prudence requires a context-specific inquiry of the fiduciaries’ continuing duty to monitor investments and to remove imprudent ones; even in a defined-contribution plan where participants choose their investments, plan fiduciaries must conduct their own independent evaluation to determine which investments may be prudently included in the plan’s menu of options; if the fiduciaries fail to remove an imprudent investment from the plan within a reasonable time, they breach their duty.
For more information contact us at http://www.beverlyhillsemploymentlaw.com/
No comments:
Post a Comment