Amici Assert Contributions To Plan Cannot Be Used As Defense To Fiduciary Breach Claim

(November 13, 2017, 12:18 PM EST) -- BOSTON — A settlor’s contributions to a 401(k) plan are not a defense to claims that the plan trustee breached its fiduciary duties by engaging in prohibited transactions, AARP and the National Employment  Lawyers Association argue in an amicus curiae brief filed in the First Circuit U.S. Court of Appeals in support of plan participants in an Employee Retirement Income Security Act class action suit (John Brotherston, et al. v. Putnam Investments LLC, et al., No. 17-1711, 1st Cir.)....

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