Low 401(k) fees aren't a legal cure-all

Fees that participants pay must be the lowest possible if the sponsors are to avoid potential lawsuits
JAN 17, 2016
The class action lawsuit filed against Anthem Inc. over the fees paid by participants in its 401(k) plan is a warning to companies sponsoring such plans, and those advising them, that low fees aren't enough to protect against such suits. Fees that participants pay must be the lowest possible if the sponsors are to avoid potential lawsuits. In the Anthem suit, plaintiffs allege that although the company gave employees choices of funds from Vanguard Inc., widely recognized as a low-cost manager, it did not always give them the lowest-cost share class of those funds. In addition, the suit claims the fees paid for record keeping were too high. The merits of the case should be decided in a courtroom, but in most such cases so far the defendant companies have settled rather than wage an expensive and distracting legal battle. For example, Boeing Co. settled a 401(k) fee suit for $57 million, and Wal-Mart settled a similar class action suit for $13.5 million.

NOT TESTED IN COURT

The fact that many companies prefer to settle rather than fight a long battle in court over what for them are relatively trivial amounts compared with their earnings means the claims are not tested in court. It also means law firms might see such suits as a relatively quick and easy way to generate income for themselves. While so far these class action suits have targeted large businesses with deep pockets, that might not always be the case. Advisers who provide guidance to companies with 401(k) plans must monitor those plans and alert company management to the necessity of carefully choosing the low-cost share classes of mutual funds offered in the plans. They also should negotiate record-keeping fees to be as low as possible.

Latest News

Investors win lawsuit against Atlanta B-D over tax shelter investment, potentially a first
Investors win lawsuit against Atlanta B-D over tax shelter investment, potentially a first

InvestmentNews reported in 2017 that the IRS was scrutinizing the tax shelter land deals, called syndication conservation easements.

Pontera unveils non-discretionary advice tools in continued retirement platform buildout
Pontera unveils non-discretionary advice tools in continued retirement platform buildout

Advisors gain a second workflow for 401(k) guidance as the fintech expands beyond bulk rebalancing, backed by new policy research on advice access.

HSA balances hit record high, but are clients using them wrong?
HSA balances hit record high, but are clients using them wrong?

New data shows most people do not have enough saved to cover costs and are not fully utilizing their accounts.

Advisor moves: LPL, Cetera, Raymond James, NewEdge Wealth
Advisor moves: LPL, Cetera, Raymond James, NewEdge Wealth

Firms announce new recruits this week, with teams overseeing hundreds of millions in client assets switching affiliations.

Stratos Wealth adds $400M with RPI Financial Life Planners
Stratos Wealth adds $400M with RPI Financial Life Planners

It’s the 12th deal for Stratos since SEI's investment and follows 11 acquisitions worth $4.8B in 2025.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income