The lawsuit also accuses plan fiduciaries of failing to monitor total plan costs.
Tag: retirement plan fees
The lawsuit argues that while the TDFs in the plan are CITs, they are private label CITs with much higher expense ratios than the typical CITs offered by JPMorgan.
The complaint calls out the warehouse club's use of "more costly ‘actively managed funds’ rather than ‘index funds’ that offered equal or better performance at substantially lower cost."
The agreement also calls for the university to issue an RFP for recordkeeping services and engage an independent consultant to review investments, among other things.
In other ways, the excessive fee lawsuit is identical to others filed by law firm Capozzi Adler.
In addition, it is waiving distribution and loan origination fees for COVID-19-affected participants and CARES Act-related plan amendment fees for employers through August.
The plan's investment adviser is also named as a defendant, accused of helping select and retain high-cost, poorly performing funds.
The lawsuit almost completely mirrors allegations in complaints recently filed by the same law firm.
The plaintiffs sued for failing to seek competitive bids for recordkeeping, but admitted to not knowing the amount Trader Joe’s paid in recordkeeping fees.
The lawsuit alleges the defendants did not try to reduce the plan’s expenses or exercise appropriate judgment to scrutinize each investment option that was offered in the plan to ensure it was prudent.
The firms will credit back all recordkeeper fees on loans and distributions below $10,000.
At one point, the plaintiff was proposing a defendant class of all sponsors of smaller 401(k) plans that entered into program agreements with Nationwide through its Retirement Flexible Advantage Retirement Plans Program.
Small 401(k) plans have larger costs than large 401(k) plans, but even plans with the same total assets can have different costs, an analysis from the 401k Averages Book shows.
The lawsuit says for at least 18 of the 27 mutual fund share classes available within The Vail Corporation plan, the same issuer offered a different share class from that selected by the plan that charged lower fees, and consistently achieved higher returns.
A federal judge found Voya is a fiduciary with respect to the 404a-5 participant fee disclosures it provides for the retirement plan in which the plaintiff participates.
Repeating a number of excessive fee lawsuits filed, the complaint says the defendants did not try to “reduce the plan’s expenses or exercise appropriate judgment to scrutinize each investment option that was offered in the plan to ensure it was prudent.”
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.
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.
After ruling on motions about the reliability of certain expert testimony, an expansive decision issued in an ERISA lawsuit filed against SunTrust Bank dismisses some claims but allows others to proceed.
The proposed class action lawsuit alleges plan fiduciaries allowed the plan’s recordkeepers and its investment adviser and/or trustee to receive excessive and unreasonable compensation.