Retirement plan sponsors and their consultants are attentively following the Supreme Court today as it hears oral arguments in Fifth Third Bancorp v. Duddenhoeffer, a case that has implications for the retirement plan industry’s fiduciary standard in employee stock ownership plans. 

The Supreme Court is scheduled to start its adjudication of the case – involving Cincinnati, Ohio-based Fifth Third Bancorp, a financial services company with over $130 billion in assets – on April 2. The case addresses whether the company was was prudent – under the Employee Retirement Income Security Act – to include its Fifth Third Stock Fund as an investment option in the company-sponsored retirement plan.

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