A Supreme Court decision in a case against Intel Corp. alleging problems in its 401(k) plan

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Supreme Court Ruling Opens Door for More 401(k) Suits

The decision ‘has pretty significant ramifications for people’s ability to bring lawsuits over fiduciary breaches,’ one specialist in retirement-plan law said

A Supreme Court decision Wednesday in a case against Intel Corp. alleging problems in its 401(k) plan is likely to pave the way for more litigation over retirement plans, industry watchers say.

The decision “has pretty significant ramifications for people’s ability to bring lawsuits over fiduciary breaches,” said Michael Kreps, a principal at Groom Law Group who specializes in retirement-plan law.

In recent years, employees have launched a wave of lawsuits that have resulted in multimillion-dollar settlements against companies. Many of those suits alleged the plans had high fees.

Wednesday’s unanimous decision in Intel v. Sulyma concerned a statute of limitations for filing lawsuits under the Employee Retirement Income Security Act, a federal law that applies to private employers’ retirement plans.

At issue…

Is a provision in the law that gives 401(k) participants three years to file a lawsuit after obtaining “actual knowledge” that an employer has allegedly breached its fiduciary duty to manage the plan in employees’ best interests, said the opinion, written by Justice Samuel Alito.

The case alleges Intel breached its fiduciary duties when it invested a portion of employees’ contributions in higher-fee investments, including hedge funds, private equity and commodities, within the target-date funds that serve as the plan’s default investments. Intel argued the case should be dismissed, citing the three year deadline after Christopher Sulyma received disclosures.

The court sided with Mr. Sulyma, who worked at Intel from 2010 to 2012 and “testified that he did not remember reviewing the relevant disclosures,” the opinion said.

The case will return to a lower court. A spokeswoman for Intel declined to comment.

The decision means it isn’t enough for an employer to send disclosures to start the three-year statute of limitations, Mr. Kreps said. 

Employees Must Read…

An employee has to have read the information and understood it for the window for filing lawsuits to begin,

The decision may encourage companies to outsource their 401(k) plans by joining so-called multiple-employer plans, in which companies jointly offer a retirement plan managed by a third party, such as a brokerage firm, said Lew Minsky, President of the Defined Contribution Institutional Investment Association, a research and advocacy organization for consultants and others in the 401(k) industry.

Mr. Kreps said the decision may hasten the adoption of electronic delivery of disclosures, which makes it easier for employers “to determine whether individuals opened a particular mailing.” That could be considered evidence in favor of starting the three-year window to file a lawsuit, he said.

Bottom Line: You as an employees must read the documents the company sends to you. You can not longer just file them away or toss them. Even if you don’t understand the language you can learn it over time by following my website. You can also go to Facebook to the “Greater Sacramento Financial Literacy Group”. Our mission is provide financial literacy to the broader people of color and disadvantage groups. You will be glad you did. 

While you are at it, sent me comments, asks questions and spread the word. the Lord know we need this type of free information.

This more information was written by Anne Tergesen at the Wall Street Journal: anne.tergesen@wsj.com

Robert L. Woods (a.k.a. R. LaMont W).

 

Robert L Woods

Robert L Woods

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About Me

Robert L. Woods is the retired partner of the Institute For Fiduciary Education (www.ifecorp.com) that provided investment seminars for public and private pension funds, endowments and institutional fund managers. He spent 28 years working for the State of California, as a budget and financial analyst which includes 16 years as an Investment Officer for the California State Teachers’ Retirement System (CalSTRS). At CalSTRS, he established it as one of the nation’s first institutional home loan programs with a down payment assistance component. He also spent 13 years on the Board of Trustees for the Sacramento County Employees Retirement System (SCERS). He was a Trustee with the University of California, Davis, Cal Aggie Alumni Association and a member of the Chancellor’s Council on Community & Diversity. He is a Life Member: Phi Beta Sigma Fraternity, Inc., Theta Gamma Sigma Chapter, Sacramento, CA.

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