Workers win at Supreme Court on 401(k) suit deadlines

Workers win at Supreme Court on 401(k) suit deadlines
Court rules in a lawsuit filed against Intel that companies can't assume employees read the emails they're sent with details about plan investments
FEB 26, 2020
By  Bloomberg

The U.S. Supreme Court sided with workers on the deadlines for suing their retirement plans, saying a three-year clock for suits doesn’t start to run just because the plan sends emails offering details about how the money is invested.

The justices, voting unanimously in a case involving Intel Corp., said courts can’t assume workers read complicated materials that might provide reason to think their investments are being mishandled.

The case centered on a U.S. employee benefit law that gives workers three years to sue after they have “actual knowledge” of an alleged violation.

“To have ‘actual knowledge’ of a piece of information, one must in fact be aware of it,” Justice Samuel Alito wrote for the court. The law also has a separate six-year deadline that bars suits even if the worker didn’t have knowledge.

Intel is fighting claims by ex-employee Christopher Sulyma that the company made overly risky investments, putting too much money in hedge funds and private equity. Intel said the lawsuit was filed after a three-year statute of limitations had expired.

Mr. Sulyma, who worked at Intel from 2010 to 2012, received emails more than three years before he sued pointing him to electronic documents that described the investments.

But he says he doesn’t recall reading those documents and didn’t learn about Intel’s hedge fund and private equity investments until they became the subject of news reports in 2015, the year he sued in federal court in California. His suit seeks class-action status.

Mr. Alito said employers defending suits can try to use other means, including electronic records, to show that particular workers actually saw investment disclosures.

Federal appeals courts have been divided on the issue. One said Mr. Sulyma’s suit could move forward, while another said in a different case that employees don’t get more time just because they failed to read documents that were available to them.

The case is Intel v. Sulyma, 18-1116.

Latest News

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.

The average retiree is facing $173K in health care costs, Fidelity says
The average retiree is facing $173K in health care costs, Fidelity says

Research reveals a 4% year-on-year increase in expenses that one in five Americans, including one-quarter of Gen Xers, say they have not planned for.

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.