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Your post is a good one. In situations in my practice similar to this, (my attorney's suggestion for wording) the major difference with the situation UAL described has been the non-action of DOL.

DOL, in my experience, has taken the (very pro-active) position that employers properly discharge their fiduciary responsiblitites with their employees by allowing reasonable alternatives for the employees to make.

Or, did I miss something??

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