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Divided 2nd Circuit Holds Fiduciary Did Not Breach Duty Of Prudence

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NEW YORK - The Second Circuit U.S. Court of Appeals affirmed 2-1 on April 2 that a pension plan failed to demonstrate that the plan administrator breached its fiduciary duties under the Employee Retirement Income Security Act by purchasing and continuing to hold mortgage-backed securities as plan assets, concluding that a decline in the market price of mortgage-backed securities generally does not give rise to a reasonable inference that it was imprudent to purchase or hold them (Pension Benefit...(read more)

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