Connecting Dots

2 Pages Posted: 2 Jan 2008

Date Written: December 27, 2007


Connecting the Dots has become one of those phrases we often hear. The phrase harkens back to those old kids puzzles where there would be a bunch of numbered dots on a page. The child would draw a line from one number to the next in number sequence and a picture would emerge from the previous chaos.

In this article we will examine whether just two dots can be connected in such a manner that a clear picture would emerge - dots that are well known and in plain view. · The first dot is: ERISA Fiduciary Responsibilities · The second dot is: Retiring in Dignity Does connectivity exist between these two known and clearly visible dots?

Stated in perhaps a more purposeful Way, if most of the employees working for XYZ Corporation will retire in dignity, is it reasonable to conclude that XYZ's ERISA fiduciaries have probably met their fiduciary responsibility? Alternatively, if most employees working for XYZ Corporation will retire in despair, could one reasonably argue that XYZ's ERISA fiduciaries have probably failed to meet their fiduciary responsibility?

Keywords: 401(k), ERISA, retirement, fiduciary duty, fiduciary liability

JEL Classification: C53, D31, D63, E21, G18, G23, G28, J26, K00

Suggested Citation

Hamilton, Brooks, Connecting Dots (December 27, 2007). Available at SSRN: or

Brooks Hamilton (Contact Author)

Brooks Hamilton & Partners ( email )

5353 Keller Springs Road
Dallas, TX 75248-2763
United States
972-839-5260 (Phone)


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