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
By  MFXFeeder
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

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.