Workers win at Supreme Court on 401(k) suit deadlines

Workers win at Supreme Court on 401(k) suit deadlines
Court rules in a lawsuit filed against Intel that companies can't assume employees read the emails they're sent with details about plan investments
FEB 26, 2020

The U.S. Supreme Court sided with workers on the deadlines for suing their retirement plans, saying a three-year clock for suits doesn’t start to run just because the plan sends emails offering details about how the money is invested.

The justices, voting unanimously in a case involving Intel Corp., said courts can’t assume workers read complicated materials that might provide reason to think their investments are being mishandled.

The case centered on a U.S. employee benefit law that gives workers three years to sue after they have “actual knowledge” of an alleged violation.

“To have ‘actual knowledge’ of a piece of information, one must in fact be aware of it,” Justice Samuel Alito wrote for the court. The law also has a separate six-year deadline that bars suits even if the worker didn’t have knowledge.

Intel is fighting claims by ex-employee Christopher Sulyma that the company made overly risky investments, putting too much money in hedge funds and private equity. Intel said the lawsuit was filed after a three-year statute of limitations had expired.

Mr. Sulyma, who worked at Intel from 2010 to 2012, received emails more than three years before he sued pointing him to electronic documents that described the investments.

But he says he doesn’t recall reading those documents and didn’t learn about Intel’s hedge fund and private equity investments until they became the subject of news reports in 2015, the year he sued in federal court in California. His suit seeks class-action status.

Mr. Alito said employers defending suits can try to use other means, including electronic records, to show that particular workers actually saw investment disclosures.

Federal appeals courts have been divided on the issue. One said Mr. Sulyma’s suit could move forward, while another said in a different case that employees don’t get more time just because they failed to read documents that were available to them.

The case is Intel v. Sulyma, 18-1116.

Latest News

Merrill Lynch, BofA's brokerage arm, hit with $7.5M SEC fine over missed suspicious activity reports
Merrill Lynch, BofA's brokerage arm, hit with $7.5M SEC fine over missed suspicious activity reports

Regulators found Bank of America's monitoring software had a known flaw Merrill left uncorrected for years.

AI is changing how investors research, not who they trust
AI is changing how investors research, not who they trust

While AI has become a go-to research tool for affluent investors, new HSBC research suggests human advisors remain the deciding voice when investment decisions are made.

Supreme Court blocks Trump's bid to fire Fed Governor Lisa Cook
Supreme Court blocks Trump's bid to fire Fed Governor Lisa Cook

A 5-4 ruling preserves the Federal Reserve's independence for now, but the legal fight over presidential removal power is far from settled.

Morgan Stanley boosts returns on client cash, analyst says
Morgan Stanley boosts returns on client cash, analyst says

For years, large firms have been facing penalties and questions from regulators over interest rates for clients’ cash accounts.

Volatility has been roiling the markets. But advisors have got the tools to deal with it
Volatility has been roiling the markets. But advisors have got the tools to deal with it

Market volatility can be stressful, but it also represents opportunity for advisors and their clients.

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income

SPONSORED Why direct indexing stopped being optional

Direct indexing is on pace to outgrow ETFs and mutual funds. Northern Trust's Ken Lassner explains why the advisors who get it wish they had started sooner.