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Mealeys

Mealey's Labor & Employment - 8th Circuit Panel Says Service Provider Is Fiduciary Under 401(k) Plan

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Feb. 3 reversed a district court's ruling that a service provider for a 401(k) plan is not a fiduciary after determining that the service provider is a fiduciary because the service provider exercises control over the setting of the guaranteed rate of return and the plan sponsor does not have the unimpeded ability to reject the rate set by the service provider (Frederick Rozo v. Principal Life Insurance Co. et al., No. 18-3310, 8th Cir., 2020 U.S. App. LEXIS 3181).
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