With 401(k) litigation increasing, plan advisors and plan sponsors need to know the latest laws as well as strategies attorneys are using to sue employers and advisors. BenefitsPRO's legal coverage includes news, analysis and updates on cases.
After 6 years of litigation, GE will settle the lawsuit - the largest ERISA case alleging retirement plan mismanagement - that claimed underperforming funds were the only actively managed options available to participants.
Small business owners now have a range of options depending on the number of employees, but it's essential to start early, leverage tax-advantaged retirement accounts, diversify investments and plan for an exit strategy.
Just weeks after a federal judge dismissed an ERISA lawsuit against the company over allegations of excessive fees, another employee suit has been filed, claiming the 401(k) plan offered funds that performed worse than alternatives.
A second judge ruled the DOL's 5-part test to determine what defines "fiduciary" should be struck down, which was a victory for the Federation of Americans for Consumer Choice, an advocacy group for insurance distributors.
The ESG Working Group plans to focus on how ESG-centric investing prioritizes ideology over profits, they say, to the detriment of consumers, claiming "the Biden Administration is making it harder for Americans to retire."
The Labor Department's Spring agenda includes a proposal that would amend the regulatory definition of a fiduciary, taking into account practices of investment advisers and the expectations of plan sponsors and participants.
As the new law rolls out, some plan sponsors are questioning whether the government's capabilities to negotiate with Medicare on lower drug prices could prompt manufacturers to increase medication costs for employer plans.
While litigation is not widespread, it's important for plan sponsors to look at operations and shore up practices since there was action on 43 defined contribution cases during the first quarter of 2023, according to Mercer.
The National Association of Government Defined Contribution Administrators sent a letter to the IRS and the Treasury, urging clarification on age-60 catch-up contributions and plan participation for part-time workers.