Yes, but....it really only applies when the tpa/admin screws something up. Doesn't mean a thing if you were stupid enough to work for Enron and had 100% Enron stock in your plan....
In the case cited, the worker claimed that the admin didn't follow his instructions to move his money to something "safer". Now, screaming at someone over the phone to do something usually wouldn't count as instructions...every plan has administrative procedures to be followed. (Not saying this was the case in point but you get my drift)
Any employer that doesn't follow their own procedures should be sued and lose!
