401(k) participants get permission from the Supreme Court to sue

February 21st, 2008 | Category: Market Matters

In a landmark decision that will help millions of workers who participate in 401(k) plans at work, the Supreme Court ruled yesterday that participants could sue 401(k) administrators whether they believe the administrators of their 401(k) did not follow directions and that lack of action resulted in loss of funds. More than 50 million workers invest their retirement savings through 401(k) funds and the total amount invested is $2.7 trillion. I’m glad the Supreme Court realized workers needed protection from administrators who don’t follow directions.

The case was brought by James LaRue of Southlake, Texas. His suit contends that he lost $150,000 in his 401(k) considering the administrators of his plan did not move his holdings

into safer investments as he instructed. The Supreme Court had to decide whether or not the Employee Retirement Income protection Act (ERISA) allows individual history holders to sue plan administrators for breaching their fiduciary duties. The law specifically allows recovery to the “plan” rather than the individual. Justice John Paul Stevens said in his opinion for the court, “Fiduciary misconduct need not threaten the solvency of the entire plan to reduce benefits below the amount that participants would otherwise get.”

Continue reading 401(k) participants get permission from the Supreme Court to sue

Original post by Lita Epstein

Share and Enjoy: These icons link to social bookmarking sites where readers can share and discover new web pages.