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ARTICLE · 08 OCTOBER 2004

Qualified Retirement Plans: August 2004 Developments

If you, as an ERISA fiduciary, are "floundering" in uncertainty in the aftermath of the mutual fund scandals, you are in good company.

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If you, as an ERISA fiduciary, are "floundering" in uncertainty in the aftermath of the mutual fund scandals, you are in good company

. At the ABA annual meeting in Atlanta in August, employee benefits attorneys strongly encouraged Labor Department speakers to tell the Department that more guidance is needed by plan fiduciaries on their duties with respect to the mutual funds used as investment options in their participant-directed 401(k) plans. The Labor Department representatives acknowledged the request. They also reported that their investigations of mutual funds continued to focus on, among other things:

  • Market timing issues,
  • Fee arrangements,
  • Service providers that interact with the mutual fund industry, and

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