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Home / Opinion Digests / Employment – ERISA – § 401(k) Plans – ‘Market Timing’ Funds (access required)

Employment – ERISA – § 401(k) Plans – ‘Market Timing’ Funds (access required)

Employees who cashed out their fully-vested § 401(k) retirement plans can sue plan fiduciaries under ERISA for investing in mutual funds that engage in the abusive activity of “market timing”; the 4th Circuit says the cashed-out employees still are “participants” in the defined contribution plans under ERISA, and a district court erred in dismissing their ...

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