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ARTICLE · 05 DECEMBER 2023

Second Circuit Establishes Practical Pleading Requirement For Prohibited Transaction Claims Under ERISA Section 406(a)(1)(C)

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The Second Circuit recently held that in order to state a claim for a prohibited transaction pursuant to ERISA section 406(a)(1)(C), it is not enough to allege that a fiduciary caused the plan to compensate a service provider for its services.

United StatesEmployment and HR
Russell Hirschhorn
Russell Hirschhorn
Sydney Juliano
Sydney Juliano
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The Second Circuit recently held that in order to state a claim for a prohibited transaction pursuant to ERISA section 406(a)(1)(C), it is not enough to allege that a fiduciary caused the plan to compensate a service provider for its services. Instead, "the complaint must plausibly allege that the services were unnecessary or involved unreasonable compensation." Cunningham v. Cornell Univ., 2023 WL 7504142 (2d Cir. Nov. 14, 2023). Separately, the Second Circuit affirmed summary judgment for the defendants in connection with the plaintiffs' fiduciary breach claims that were premised on allegations of excessive recordkeeping fees, underperforming investment funds, and the defendants' failure to transition to lower-cost share classes of certain mutual funds.

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