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As that great philosopher Bob Dylan once sang, The Times They Are a-Changin'. Now the Supremes (the Court, not the singing group) in LaRue v. Dewolff, Boberg & Associates, Inc., 128 S. Ct. 1020, has officially recognized that the times have changed for retirement plans.
In a Feb. 20, 2008 decision, fascinating on several levels, a majority of the Court found that the 'landscape [of employee benefit plans] has changed.' As a result, the majority of the Court limited its 1985 language in Massachusetts Mut. Life Ins. Co. v. Russell, 473 U.S. 134 (1985) that certain remedies were intended to protect the 'entire plan, rather than … the rights of an individual beneficiary' to defined benefit plans. For defined contribution plans, such as 401(k) plans, the Court found that individual harm from fiduciary breach was enough.
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