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
By  Bloomberg

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

The power of cultivating personal connections
The power of cultivating personal connections

Relationships are key to our business but advisors are often slow to engage in specific activities designed to foster them.

A variety of succession options
A variety of succession options

Whichever path you go down, act now while you're still in control.

'I’ll never recommend bitcoin,' advisor insists
'I’ll never recommend bitcoin,' advisor insists

Pro-bitcoin professionals, however, say the cryptocurrency has ushered in change.

LPL raises target for advisors’ bonuses for first time in a decade
LPL raises target for advisors’ bonuses for first time in a decade

“LPL has evolved significantly over the last decade and still wants to scale up,” says one industry executive.

What do older Americans have to say about long-term care?
What do older Americans have to say about long-term care?

Survey findings from the Nationwide Retirement Institute offers pearls of planning wisdom from 60- to 65-year-olds, as well as insights into concerns.

SPONSORED The future of prospecting: Say goodbye to cold calls and hello to smart connections

Streamline your outreach with Aidentified's AI-driven solutions

SPONSORED A bumpy start to autumn but more positives ahead

This season’s market volatility: Positioning for rate relief, income growth and the AI rebound