Parties Settle General Dynamics 401(k) Fee Case

General Dynamics Corporation and Fiduciary Asset Management (FAMCO) have agreed to a $15.1-million settlement of a 401(k) excessive fee lawsuit.

A news release issued by the two defendants along with plaintiffs’ law firm Schlichter, Bogard & Denton said insurance companies representing General Dynamics and FAMCO “and other sources” will pay the $15.1 million amount. The deal would dispose of the 2006 suit, Will, et al. v. General Dynamics Corp., et al., Case No. 06-698, that alleged the plan paid excessive fees and had committed other fiduciary breaches under the Employee Retirement Income Security Act (ERISA).

According to the settlement announcement, General Dynamics will provide credit to the 401(k) plans for volume discounts from investment managers who also provide services to other General Dynamics benefit plans. FAMCO is precluded under the pact from recommending itself as investment manager or recommending the allocation of money to investment accounts it manages.

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Further, the announcement said, the defendants will implement practices “designed to maximize the returns plan participants receive from their 401(k) plan investments by continuing to keep the costs of those investments low.”  The plan will use an outside consultant to review the plans and then report to General Dynamics and an independent fiduciary, and participants will see enhanced investment fee and expense disclosures.

The news release said the settlement also provides that General Dynamics will continue its “long-standing practices” of paying for the plans’ recordkeeping services on a per-participant basis, rather than an asset basis, and not providing subsidies to other benefit plans through the 401(k) plans.

General Dynamics and FAMCO insisted in the news release that they have complied with ERISA and are only agreeing to the settlement because they believe it is in their best interest to do so.

The pact still must be approved by the court and by an independent fiduciary representing participants.

The General Dynamics plans have approximately 85,000 participants and combined assets worth approximately $6 billion.

Independent Adviser Growth Spurs Wells Fargo Realignment

Wells Fargo Advisors Financial Network, LLC (WFAFN) says it “expanding and realigning” its Supervision Team in anticipation of continued growth in its independent financial advisor base.

 

According to the announcement, the number of advisors affiliating with Wells Fargo’s independent broker-dealer has grown 24% over the past 18 months. In order to address the needs of these additional business owners – including training, monitoring the execution of trades and ensuring the maintenance of professional standards and compliance issues – WFAFN has both expanded its Supervision Team and realigned the group to more efficiently support advisors in their local markets, according to the firm.

“We believe that our unprecedented growth is a direct result of the way we deliver full-service investment services through advisors who help meet the financial needs of their clients in their markets,” said John Peluso, president of Wells Fargo Advisors Financial Network. “To sustain that rate of growth, it’s important for us to deliver personal service to each practice while providing easy access to Wells Fargo’s technology and comprehensive product platform,” he said.

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The Supervision Team comprises a director and three team leads who manage the firm’s network of Regional Supervisors who, in turn, serve as points of contact for WFAFN business owners concerning sales supervision topics.

Since 2001, when the independent arm of the firm was established, client assets have increased 600% to $40 billion, according to the firm.

Wells Fargo’s brokerage businesses comprise 15,100 full-service financial advisors and 5,000 licensed bankers as of June 30, 2010. Wells Fargo Advisors is the trade name used by two separate registered broker-dealers and non-bank affiliates of Wells Fargo & Company: Wells Fargo Advisors, LLC and Wells Fargo Advisors Financial Network, LLC.  Statistics include other broker-dealers of Wells Fargo & Company.  

More information is available at http://www.wfafinet.com

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