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When 401(k) plans were first becoming popular, one of the selling points was that plan sponsors could avoid fiduciary liability because the investments were directed by participants. That turned out to be a myth. The reality is that there has been more litigation against 401(k) fiduciaries than there was for defined benefit plans.

 

The views expressed here are those of Fred Reish. They should not be construed as investment advice or as the views of Hartford Funds or the employees of Hartford Funds. They are based on available information and are subject to change without notice. The information above is intended as general information and is not intended to provide, nor may it be construed as providing, tax, accounting or legal advice. As with all matters of a tax or legal nature, please consult with your tax or legal counsel for advice. This material and/or its contents are current at the time of writing and may not be reproduced or distributed in whole or in part, for any purpose, without the express written consent of Fred Reish.

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About The Author
Fred Reish Headshot
JD, Partner, Faegre Drinker Biddle & Reath LLP

Fred Reish is an ERISA attorney whose practice focuses on fiduciary responsibility, retirement income, and plan operational issues. He has been recognized as one of the “legends” of the retirement industry by both PLANADVISER magazine and PLANSPONSOR magazine.

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