Northwestern University wins appeal in 403(b) case

Northwestern University wins appeal in 403(b) case
The lawsuit had charged university representatives with failing to negotiate a better deal for the participants in its retirement plan
MAR 27, 2020
A federal appeals court has ruled in favor of plan fiduciaries at Northwestern University in a case that charged university representatives with failing to negotiate a better deal for the school’s 403(b) plan participants. The original suit, filed in 2016, was dismissed with prejudice in 2018, which meant that the plan participant plaintiffs could not file another complaint in a lower court. The suit argued that the Evanston, Ill., school had eliminated “hundreds of mutual funds” from the plan and had not consolidated record keepers until 2012. In an opinion written by Judge Michael B. Brennan, the appellate court disagreed with the plaintiffs’ theory that Northwestern was required to seek a sole record keeper to satisfy its fiduciary duties, and found Northwestern’s decision to maintain two record keepers “prudent,” and “to the extent plaintiffs alleged Northwestern should have selected TIAA as its sole record keeper, that assertion also fails to state a claim for relief,” he wrote. “ERISA does not require a sole record keeper or mandate any specific record-keeping arrangement at all,” the court wrote. Of the roughly 20 universities that have been sued over fees and investment options in their retirement plans since 2016, there have been six announced settlements, according to a story on napa-net.org. Universities other than Northwestern that have prevailed in similar cases include Washington University in Saint Louis and New York University. [More: Jerry Schlichter's fee lawsuits have left an indelible mark on the 401(k) industry]  

Latest News

Dimon and Trump talk economy and Fed rates as meetings resume
Dimon and Trump talk economy and Fed rates as meetings resume

President meets with ‘highly overrated globalist’ at the White House.

NASAA moves to let state RIAs use client testimonials, aligning with SEC rule
NASAA moves to let state RIAs use client testimonials, aligning with SEC rule

A new proposal could end the ban on promoting client reviews in states like California and Connecticut, giving state-registered advisors a level playing field with their SEC-registered peers.

Could 401(k) plan participants gain from guided personalization?
Could 401(k) plan participants gain from guided personalization?

Morningstar research data show improved retirement trajectories for self-directors and allocators placed in managed accounts.

UBS sees a net loss of 111 financial advisors in the Americas during the second quarter
UBS sees a net loss of 111 financial advisors in the Americas during the second quarter

Some in the industry say that more UBS financial advisors this year will be heading for the exits.

JPMorgan reopens fight with fintechs, crypto over fees for customer data
JPMorgan reopens fight with fintechs, crypto over fees for customer data

The Wall Street giant has blasted data middlemen as digital freeloaders, but tech firms and consumer advocates are pushing back.

SPONSORED How advisors can build for high-net-worth complexity

Orion's Tom Wilson on delivering coordinated, high-touch service in a world where returns alone no longer set you apart.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today's choppy market waters, says Myles Lambert, Brighthouse Financial.