On January 10, 2025, the Texas federal district court ruled in Spence v. American Airlines that both American Airlines and the committee managing its 401k plans violated their fiduciary duty under ERISA. This breach was primarily related to proxy voting of securities within specific investment funds in the 401k plans. The decision is noteworthy as it may pave the way for new types of ERISA fiduciary litigation targeting 401k plans, emphasizing proxy voting rather than traditional concerns like investment performance or administrative costs. This article discusses the court's findings, legal implications, and key considerations for 401k plan sponsors and fiduciaries in light of this ruling.
In the case of Cunningham v. Cornell University, many ERISA retirement plan sponsors and fiduciaries hoped the U.S. Supreme Court would establish new pleading standards to mitigate the increase in litigation against such plans. However, the Court ruled that plaintiffs are not responsible for proving that ERISA Section 408 exemptions do not apply; instead, plan sponsors and fiduciaries must assert these exemptions as affirmative defenses. This ruling is expected to lead to a new surge of lawsuits targeting ERISA plans related to essential transactions with service providers.
Companies have discretion on how to use forfeitures -- unvested company contributions when an employee leaves -- provided the policy is clearly stated in the plan document. Common uses for these forfeitures include reducing contribution obligations to existing participants, covering plan fees, or reallocating funds to other participants. According to PSCA's 67th Annual Survey, historically about 60% of plans reduce company contributions with forfeitures, around 50% use them to offset expenses, and about 10% reallocate them. As lawsuits related to forfeitures increase, there is interest in whether companies are maintaining or changing their forfeiture policies.
Participation in company-sponsored retirement plans is gradually increasing, but employers still face pressure to enhance participation. Recent surveys reveal that 83% of employees regret their retirement plan decisions, 41% intend to work longer than expected, and 83% plan to continue working after retirement. While the current investment environment contributes to this anxiety, the lack of retirement readiness has been an ongoing issue, even during times of strong market performance. The challenge lies not only in creating effective retirement plans but also in encouraging employee engagement and participation.
A February survey by National Debt Relief reveals that substantial debt is affecting Generation X and Baby Boomers, leading some to postpone retirement. Among 1,000 surveyed individuals, 45% reported carrying an average credit card balance of nearly $9,000, with monthly payments of around $418. Additionally, T. Rowe Price's annual Reference Point report highlights trends in retirement planning, showing a 4% increase in average loan sizes in 2024, slightly outpacing inflation, across all age groups. While loan usage among 401k participants grew by two percentage points from 2023, it remains lower than the peaks seen between 2015 and 2019.
Parties involved in an ERISA fiduciary breach lawsuit concerning Pentegra's multiple employer retirement plan have reached a settlement in principle, as noted in a court order on May 2, filed in the U.S. District Court for the Southern District of New York. The case was poised for further court proceedings to address prohibited transaction claims. Recently, a jury awarded a class of plan participants over $38 million for fiduciary breaches under ERISA. U.S. District Judge Philip M. Halpern stated that all remaining deadlines are paused while the parties finalize the settlement terms, and they are required to seek preliminary approval of the settlement or provide a status update by May 16.
A federal judge in Arizona has dismissed a class action lawsuit against Knight-Swift Transportation Holdings, which was accused of improperly using forfeited assets from its 401k retirement plan. The lawsuit claimed that the company violated ERISA by using these funds to offset company contributions instead of covering plan expenses. A key point of contention was whether Knight-Swift was obligated by its annual Form 5500 filings to the DOL, which stated that forfeited assets "shall be used" for plan expenses.
A 401k plan is a crucial part of retirement savings for many Americans. In times of financial emergencies, individuals may consider hardship distributions, which are early withdrawals permitted under certain conditions. While these distributions can provide immediate financial relief, they involve specific rules and tax implications that both plan sponsors and individuals need to be aware of before requesting a hardship withdrawal from their company 401k plan.
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Collected Wisdom™
Our researchers look for what they think are some of the better resources available to assist you in administering your plan or helping your clients. We group these resources in our COLLECTED WISDOM™ topics to make it easy for you to locate the information you need. Each item in a category contains a summary and date of when it was placed in the group.
We also maintain some older material in these collections for perspective and context.
