Fiduciary Responsibility
"Decisions and/or functions that are clearly fiduciary in nature include proactively monitoring costs, selecting a proper number of efficient investments necessary to construct an appropriate portfolio and operating the plan in exact accordance to its purpose - which is to deliver retirement income to its beneficiaries."
Mathew D Hutcheson "Are Hidden Fees Undermining Employee Retirement Income Security" Written Testimony Presented to U.S. House of Representatives, March 6, 2007
"ERISA's prudent standard is not that of a prudent lay person but rather that of a prudent fiuciary with experience in dealing with a similar enterprise."
(Marshall vs. Snyder)
On February 20, 2008 the U.S. Supreme Court ruled that individuals have a right to attempt to recover losses in their 401k's they believe were caused by fiduciary misconduct.