The Complete And Total Worthlessness Of The 401(k) Fiduciary Warranty

Ary Rosenbaum
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I am a firm believer in the idea that what you see is what you should get. If you’re promised the moon, anything short of it is wrong. Some of the biggest disappointments in my life are when I was sold a bill of goods that just didn’t add up. Law school and a job at a certain law firm comes to mind where what was delivered was way short of what was promised. I never did get a bonus for those fees I brought into that law firm. I like to tell things like it is. That’s why many of the large retirement plan providers out there have a thing against me because I’m going to burst their bubble by telling you that there is no such thing as a unicorn and that the fiduciary warranty they have been promoting is most likely worthless. This article is about the worthlessness of 401(k) Fiduciary Warranties and how plan sponsors should avoid relying them as a form of liability protection.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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