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OCR: 11 THE DEPARTMENT LABOR'S PRONOUNCE MENTS BELIE ANY NOTION OF SETTLED EXPEC TATIONS: ON DEFERENCE DUE HF DEPART MENTS INTERPRETATION 540l{b){2] The DOL contends before this Court that its consistently held position has been that ERISA's fiduciary a[ not apply any general aocount contracts PI05 h insurance companies fact the DOL has vacillated this issue since ERISA's enact ment event its current position unsound DOL'S Position is Not Deference From This Court The DOL arguex that this Court should I defer to its . interpretation of the term guaranteed benefit policy' The DOI' interpreta tion however nat entitled tr such deference for several reasons First discursed previously. the DOL's interpretation qt 5401{b}{2} cannot be squared with the statutory language Demarest Manspeaker, 498 U.S 1 ...