Joanne Roskey Quoted on Fiduciary Implications of Empower Managed Account Lawsuit in Ignites
Subtitle
"Empower Sued Over Managed Account Practices"
Ignites
Joanne Roskey, former Deputy Associate Solicitor at the U.S. Department of Labor (DOL), Plan Benefits Security Division (PBSD), commented on the broader implications of a proposed class action filed against Empower Advisory Group LLC, which alleges the firm misled retirement plan participants into transferring assets into high-fee managed accounts. The suit, brought by Schlichter Bogard, claims Empower abused its role as a recordkeeper by targeting near-retirees with large balances and misrepresenting its managed account program. Roskey stated, "The plaintiffs' argument will require the court to directly assess whether defendants like employers fall within ERISA's fiduciary definition for the type of conduct at issue and entangles employers in the litigation even though they are not named parties."