Labor Secretary: Discrepancy Doesn’t Establish Knowledge Of Fiduciary Breach

(August 31, 2018, 4:22 PM EDT) -- SAN FRANCISCO — An Employee Retirement Income Security Act plan participant’s knowledge of two conflicting statements by his employer related to “bridging” his plan benefits with earlier years of employment does not establish an “actual knowledge of a fiduciary breach,” the U.S. secretary of Labor argues in an Aug. 22 brief filed in the Ninth Circuit U.S. Court of Appeals (Charles Guenther v. Lockheed Martin Corporation, et al., No. 17-16984, 9th Cir.)....