Siemens, the global technology and manufacturing company, is now the latest firm accused of misuse of its forfeited retirement funds in its $8.9 billion 401(k) plan, in a class action lawsuit filed in U.S. District Court for the District of New Jersey on August 23.

In Cain v. Siemens Corporation, Jim Cain, a participant in the Siemens retirement plan who is representing participants and beneficiaries, alleges that the company violated the Employee Retirement Income Security Act (ERISA) by using the assets of the plan "in its own interest." Siemens failed in its fiduciary duty by using "forfeited" assets from former employees to offset future contributions rather than to reduce administrative costs for plan participants, according to the suit.

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