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

Edward Jones facing more race bias claims in new lawsuit
Edward Jones facing more race bias claims in new lawsuit

A private partnership, Edward Jones is a giant in the retail brokerage industry with more than 20,000 financial advisors.

Advisor moves: LPL recruitment momentum continues with $815M Northwestern Mutual team
Advisor moves: LPL recruitment momentum continues with $815M Northwestern Mutual team

Meanwhile, Raymond James and Tritonpoint Partners separately welcomed father-son teams, including a breakaway from UBS in Missouri.

SEC chief Atkins signals caution on prediction market ETFs amid broader rethink of novel fund structures
SEC chief Atkins signals caution on prediction market ETFs amid broader rethink of novel fund structures

Paul Atkins has asked staff to solicit public comment on novel ETFs, pausing the clock on as many as 24 filings linked to the booming event contracts market.

Private capital's $1 trillion bet on the American retirement account
Private capital's $1 trillion bet on the American retirement account

From 401(k)s to retail funds, Deloitte sees private equity and credit crossing into mainstream investing on two fronts at once.

Advisor moves: Wells Fargo Advisors pulls in $9.6b in fresh talent during first half of May
Advisor moves: Wells Fargo Advisors pulls in $9.6b in fresh talent during first half of May

Big-name defections from Morgan Stanley, UBS, and Merrill Lynch headline a busy two weeks of recruiting for the wirehouse.

SPONSORED Are hedge funds the missing ingredient?

Wellington explores how multi strategy hedge funds may enhance diversification

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management