A Towers Watson survey of of 160 sponsors that offer company stock in 401(k) plans shows more than a quarter already have begun eliminating the option from their plan, or are considering doing so, after the Supreme Court’s ruling in Fifth Third Bancorp vs. Dudenhoeffer.
The unanimous decision, issued by the high court last summer, established a new precedent for sponsors offering company stock to participants.
Previously, fiduciaries enjoyed a “presumption of prudence” in offering company stock in plans, and successfully deployed the argument in “stock drop” claims.
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