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Vogler: Tibble Decision Strengthens ‘Duty to Monitor’ Requirement

A U.S. Supreme Court decision earlier this month appears to strengthen the independence of the “duty to monitor” investment requirements for an ERISA plan.

While the Supreme Court remanded specifics in the Tibble v. Edison fee case back to the 9th U.S. Circuit Court of Appeals for resolution based on the facts, the decision solidifies the “ongoing duty to monitor” investments as a separate, distinct fiduciary duty from the duty to exercise prudence in selecting investments for use on a defined contribution plan investment menu.

Get a case history, six-year statute debate details and possible implications for sponsors and advisers on my blog.

Jon Vogler is a Senior Analyst, Retirement Research, at Invesco Consulting.

Invesco Distributors, Inc. 06/15

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