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December 2016 » EBP | 401(k) Plan Investment Selection
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Sheldon M. Geller, JD, CPA
Retirement plan committees are increasingly selecting passively managed funds for their 401(k) plan investment menus, in many instances to replace actively managed funds. Recent excessive fee lawsuits, as well as finalized Department of Labor (DOL) regulations, have caused some plan fiduciaries to believe that retaining actively managed funds will create fiduciary liability, as a result of higher expenses and poor performance.
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