FINRA says a lapse in sufficient supervision led to retirement plan clients being supplied with inaccurate investment expense ratio and performance information.
The American Federation of Musicians and Employers' Pension Fund is just the latest union multiemployer pension to appeal to the Treasury Department for permission to cut benefits.
The case has effectively been kicked back to the 2nd Circuit for a ruling on arguments the Supreme Court feels should be aired before a lower court.
Fund mismanagement, excessive recordkeeping fees and improper fees to Financial Engines were among allegations in the original complaint.
A court disagreed with plaintiffs that CIGNA was not following orders when calculating remedies in the case, and the court has now denied a review of that decision.
Putnam had asked the high court whether the plaintiff or the defendant bears the burden of proof on loss causation under ERISA to determine “whether showing that particular investment options did not perform as well as a set of index funds selected by the plaintiffs with the benefit of hindsight, suffices as a matter of law to establish 'losses to the plan.'”
The plaintiffs say defendants failed to utilize the lowest cost share class for many of the mutual funds within the plan, and failed to consider collective trusts, commingled accounts, or separate accounts as alternatives to the mutual funds in the plan, despite their lower fees.
The SEC says the firm disadvantaged certain retirement plan customers by failing to provide them with less expensive share classes for which they were eligible.
The majority of the law’s provisions are effective for plan years beginning after 12/31/2019, so preparations should already be underway.
The 2nd Circuit has been asked to halt the implementation of the SEC’s Regulation Best Interest by a coalition of parties that now includes the lead sponsors of the Dodd-Frank Act.
A judge previously found eliminating ESOP participants’ right to invest in company stock is not a violation of ERISA’s anti-cutback provisions, but forcing participants with balances greater than $5,000 out of the plan may be.
Critics of the Massachusetts fiduciary rule say it will interfere with the implementation of the SEC’s Regulation Best Interest; proponents say that’s exactly the point.
Corporate entities, such as the advisory firm suing to halt the Charles Schwab/TD Ameritrade merger on antitrust grounds, must be represented by qualified counsel.
403(b) plan sponsors need help understanding their fiduciary duties, reviewing plan investment lineups and benchmarking fees.
Case documents note the settlement has only been reached after “extensive litigation, lengthy discovery and protracted arm’s-length negotiations with the assistance of a national mediator.”
Employees of the grocery chain accuse their employer of acting imprudently in the selection of retirement plan investment options and of failing to monitor the services and fees paid.
The motion cites as one reason for settlement “probable costs, in both time and money, of continued litigation.”
The plaintiffs are concerned the combination of the two largest custodian companies in the U.S. will harm independent wealth managers as well as consumers, due to decreased competition in an already concentrated marketplace.
A new lawsuit filed against Ardent Health Services closely mirrors many of the ERISA challenges filed in 2019.