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DeMario Carswell Quoted on Trader Joe's 401(k) Fee Litigation

Subtitle
"Trader Joe's Ruling Raises Stakes for Recordkeeper Reviews"

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DeMario Carswell discussed the significance of a federal court ruling ordering Trader Joe's to pay more than $1.1 million to participants in its 401(k) plan after finding that plan fiduciaries failed to adequately monitor recordkeeping fees. Carswell noted that participant victories on recordkeeping fee claims at trial are uncommon, observing that "Plaintiffs have rarely won on recordkeeping fees arguments in 401(k) excessive-fee cases that go to trial. Most have resolved in favor of the company." He said the decision could increase scrutiny of fiduciary processes and may prompt plan sponsors to take a closer look at how they evaluate recordkeeping arrangements. According to Carswell, "There's no set time period, no direct requirement for [RFPs]. You just have to make sure the plan is not paying more than an adequate amount for services being provided." Carswell also emphasized the broader impact of the ruling, stating that it may "put the scare in plan sponsors" as the court made clear that a fiduciary's process and diligence in monitoring fees can play a central role in excessive-fee litigation.