How does Your 401(k) compare?
It had to happen sooner or later with all the publicity about 401(k) plans. The supposed excessive fees that are being charged to 401(k) participants are in the news again. But don’t worry. Congress is on the case and is still working to get laws and regulations passed to protect you. Now doesn’t that make you feel a lot better? Sure!
Lookout for lawsuits
So it did finally happen. A smaller 401(k) plan-a group of less than 30 employees in the State of Kansas- has filed a lawsuit because of what the 401(k) participants are referring to as excessive and secretive fees. The employees are not only going after the custodian who safeguards their deposits but also the recordkeeping company. In addition, and this is a real surprise, the participants are also going after the investment advisor to their 401(k) plan.
Although filing a law suit against 401(k) plan custodians and record keepers is not something new, this particular case is because of its small size. This Kansas 401(k) plan case has around $2 million and less than 30 participants which is small by 401(k) standards. Small plans like these don’t have deep pockets and usually don’t go after the plan administrators, record keepers or their financial advisor.
Case in point is that the dozens of 401(k) cases that are currently pending are going after the 401(k) administrators of very large companies such as Deere & Co. and Wal-Mart Stores Inc. This Kansas 401(k) case is somewhat of a precedent setting case because of its small size.
Many of the larger 401(k) cases will be going to court this year (2009). Hopefully these cases will help congress and the courts figure out what needs to be fixed in this “fees” problem that has developed over the years. There really are two problems to be addressed by the courts and congress. The first is the proper disclosure of these 401(k) fees and secondly the supposed excessive amount of these fees. In Simple Language will be keeping an eye on this topic and will keep you informed as to what is happening.
Financial advisors at risk?
Because this Kansas case has included the individual financial advisor in its suit many financial advisors will be watching this case to see how this all plays out.
What I am seeing and hearing is that more and more financial advisors are looking more closely at the 401(k) plans and the companies that are providing them to insure that their individual clients are getting their monies worth. This is another area where your trusted financial advisor earns their worth.
What is also happening is that smaller plans are asking their financial advisors to look at the fees that are being charged in the 401(k) plans that they offer to make sure that the fees are in line with the service that is being provided.
Small plan sponsors are concerned that they could become the target of more of these smaller lawsuits and they don’t have the deep pockets like the plan custodians such as a Charles Schwab, Fidelity Investments, or Vanguard, to name a few.
Like everything else in the financial services world today, everything is being examined under a microscope and maybe it should. Time will tell if congress is serious about fixing this “fees” problem in your 401(k) and 403b defined contribution programs. Let’s all hope so.
If you read this far there may be something about this post that you are relating to. There may be some financial related pain In Simple Language is talking about. Tell us your story. We really do want to know.
· Please ask your questions of In Simple Language and we will answer you as soon as possible in the comments section of the blog article you asked about.
· Please give In Simple Language your comments and suggestions about this post and/or future topics of interest to you.
· Like what you read? Send it to a friend. Click on “share this post” right above leave a comment below.
· Did you remember to bookmark this blog?
Thank you for taking the time to visit In Simple Language. J
Copyright © 2008-2009 “All Rights Reserved”
Looking for a financial speaker or financial writer? Contact Rich today at rsowa@insimplelanguage.com or call Sowa Financial Media, LLC now at (502) 569-1714.
Check out the “SERVICES” tab above the beginning of the post for all available services.
Member One Southern Indiana Chamber of Commerce

