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How a seemingly unexciting case on retirement plans could have massive consequences
['Cory L. Andrews']
SCOTUSblog
More than 100 million Americans save for retirement through employer-sponsored plans – 401(k)s and their kin – governed by the Employee Retirement Income Security Act, or ERISA.
After the 2008 crash erased over half the value of some stock-heavy retirement funds, Intel’s retirement-plan fiduciaries rebuilt key funds in its plans around a different goal: limiting losses rather than maximizing returns.
Funds with “different aims, different risks, and different potential rewards” cannot fill that role.
***The petitioners, a putative class of Intel plan participants, contend that the 9th Circuit’s meaningful-benchmark requirement is an atextual heightened pleading standard.
That is not a heightened pleading standard.