Lockheed Martin to pay $62 million settlement in 401(k) fee suit

Lockheed Martin to pay $62 million settlement in 401(k) fee suit
Plaintiffs claimed defense contractor breached fiduciary duty, mismanaged funds.
FEB 24, 2015
Lockheed Martin Corp. agreed Friday to a $62 million settlement in a lawsuit with employees and retirees who claimed the company invested their 401(k) savings in excessively costly funds. The suit, Anthony Abbott et al. v Lockheed Martin Corp and Lockheed Martin Investment Management Co., was initially filed in the U.S. District Court for the Southern District of Illinois in 2006. The litigation included more than 100,000 plan participants, represented by Jerry Schlichter of Schlichter Bogard & Denton, a firm that has handled many 401(k) excessive fee suits, including Tibble v. Edison. The U.S. Supreme Court will begin hearing arguments for the Tibble case Tuesday. In the Abbott case, the plaintiffs claim Lockheed Martin breached its fiduciary duty by allowing the retirement plans to pay excessive fees. They also claim the employer imprudently managed the stable value fund and a trio of company stock funds. In addition to the $62 million settlement, Lockheed Martin agreed to three initiatives to improve its retirement plan. The defense contractor agreed to file a notice with the court every year, assuring that it's complying with the settlement. Documents Lockheed Martin will share with the court include the annual Schedule C to Form 5500, which discloses plan fees and is filed with the Department of Labor. The company also will share information about the assets held in and the performance of the stable value fund and company stock funds. It will also confirm limits on the amount of cash equivalents in the company stock funds and the amount of money-market-equivalent assets held in the stable value fund, according to the settlement. Additionally, Lockheed Martin will file monthly reports from Morningstar Inc. that summarize the characteristics of the funds and its performance. Further, Lockheed Martin must seek bids from at least three third-party record-keepers for the plan. Those submitting must be serving plans with more than $5 billion in assets. The company also must offer funds that have the lowest expense ratios and must consider the use of collective investment trusts or separately managed accounts. The court will be able to enforce the settlement terms for three years. “Lockheed Martin and the plaintiffs agree that the settlement – which is less than 5% of the plaintiffs' claimed damages – is not an admission of liability or wrongdoing,” Dan Nelson, a spokesman with the defense contractor, wrote in an email. “As part of the settlement, Lockheed Martin has agreed to keep in place the policies and procedures that make its 401(k) plan an industry leader.” Mr. Schlichter said the case highlighted takeaways for financial advisers and plan fiduciaries. “Bids and requests for proposal are important in arriving at what the marketplace costs are for record-keepers,” he said. “If sponsors don't get bids, it raises the question of whether fees are reasonable.”

Latest News

Supreme Court strengthens SEC power to claw back fraud profits from violators
Supreme Court strengthens SEC power to claw back fraud profits from violators

No investor losses? The SEC can still claw back every dollar of pro

Wirehouse moves: RBC nabs experienced Wells Fargo advisor in New England
Wirehouse moves: RBC nabs experienced Wells Fargo advisor in New England

Plus, Well Fargo hails May recruitment haul totaling more than $3 billion in assets, while UBS recruits a top advisor and women's champion from Lazard.

Robinhood Concierge for millionaire investors nears 60,000 clients
Robinhood Concierge for millionaire investors nears 60,000 clients

Robinhood’s invite-only Concierge unit now serves about 60,000 affluent customers with CFP access, tax planning, and estate planning resources as the retail brokerage expands further into wealth management.

Advisor360, Willow Wealth tap seasoned veterans for C-suite roles
Advisor360, Willow Wealth tap seasoned veterans for C-suite roles

The two wealthtech platforms name new C-level executives as AI-native strategy and private markets growth accelerate across the advice industry

Western Asset agrees to $100M SEC penalty over cherry-picking scheme
Western Asset agrees to $100M SEC penalty over cherry-picking scheme

Franklin Resources' fixed-income unit settles SEC charges and closes firm-level DOJ and regulatory probes, but Kenneth Leech's criminal case continues.

SPONSORED Estate planning isn't a service add-on. It's your retention strategy.

As $84 trillion prepares to change hands, advisors who treat estate planning as peripheral are quietly building a sieve, not a book.

SPONSORED Why strategy matters more than performance

In volatile markets, the advisors who win aren't the ones with the best calls - they're the ones whose clients stay the course.