By Amanda Antell  |  June 3, 2015

Category: Consumer News

401k lawsuitRecently, the Supreme Court ruled that 401k plan providers are obligated to provide the most economically-friendly financial plans for their participants. The court went onto say that these providers have a fiduciary duty to seek the lowest-cost funds, in order to provide adequate retirement funds.

According to legal spectators, the decision of the Supreme Court was swift and straightforward in ruling against Edison International. The company had offered retail mutual funds to its 401k plan participants instead of offering low-priced institutional funds. The 401k lawsuit alleged that Edison deliberately concealed cheaper payment options for their 401k plan fees, despite the financial damage it would do to their employees’ retirement plans.

Even though there are other ramifications in this ruling, the main message of the court’s decision was directed towards plan providers to cutback on any unnecessary investment management expenses in order to prevent any financial impairments to their 401k plan participants.

This 401k lawsuit has also made it clear to other employees in similar situations that they can file legal action against their company if the company fails to not only provide the most reasonable payment options, but if the companies also fail to monitor the prudence of the employees’ investments.

Legal experts and advocates alike are pleased with this ruling, as it will encourage providers to be more generous with their 401k plans and will encourage people to closely monitor their 401k fees, IRA, and other retirement investments.

Additionally, legal experts state that if participants are contending with high 401k plan fees, they have the option of seeking legal advice to lower them. According to the Employee Retirement Income Security Act (ERISA), companies have the civil responsibility of making sure their 401k plan fees are low and stay at a reasonable level.

If companies do not follow this policy, it could severely damage their employees’ retirement funds. It is important to remember that the fees employees pay to their 401k plan are meant to ultimately contribute to their retirement income and any change in fees or points can cause a significant difference in the employees’ retirement savings.

According to the Department of Labor, even a 1 percent point change in these fees, can mean a 28 percent difference in the employees’ retirement savings.

Overview of 401k Plan Participant Advice

Overall, the Supreme Court’s ruling will ultimately be beneficial to all 401k participants as it will encourage providers to provide sufficient service. However, legal experts advise participants to educate themselves around 401k plans, the specific policies of their plans, and to understand the benefits of what the 401k is supposed to bring them.

To start off, it is important to remember that whether a person chooses to invest in a 401k, IRA, or other retirement investments with no tax advantages, that it is meant to accumulate money for retirement. One of the quickest ways to do this is to minimize management fees, to focus on low-cost investment and low insurance plan options.

Secondly, individuals should not let their advisors or financial institutions to convince them that higher fees are better for them. While potential participants should do this regardless if they are facing pressure from their advisor to choose the plan with higher fees, the individuals should ask to go over the fee disclosure statement; these advisors are required to give this information. On this form, potential participants can compare the level of fees in their plans against plan benchmarks on different websites, like Brightscope.

Once this research is complete, potential participants will be better equipped when asking for lower-cost funds from their employers. For IRA investors, they should ask their provider to show them the level of fees that they will pay in a language that is easy to understand; identify index funds with annual fees under 0.20 percent (20 basis points) or lower. If participants need professional advice, then they should find advisors that pay by the hour or by project, rather than pay the on an annual basis.

Join a Free 401K Class Action Lawsuit Investigation

If you believe you have been overcharged for 401k fees by your employer’s retirement plan, or that the investments were otherwise imprudent, you may be eligible for a FREE class action lawsuit investigation and pursue compensation for these violations.

Join Now

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.