News

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Court Gives Humana a Clean Bill of Health in ERISA Case

Plaintiffs in a recent ERISA lawsuit against health insurance giant Humana didn’t get the diagnosis they hoped for. Initially filed in 2021, the suit went through multiple attempts at prior dismissal that, early on, looked promising for the plaintiffs. But in May of 2024, a district court judge dismissed the case, citing a lack of sufficient evidence, and declared Humana’s plan fit. Key to the company’s clean bill of health was its frequent benchmarking and solicitation of an RFP, underscoring the importance of robust documentation and proactive measures when it comes to maintaining reasonable fees.

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Suit Alleges Auto Parts Supplier Fails to Steer Clear of High Fees

After several bumps in the road, a class action ERISA suit against the auto parts supplier Magna International has finally reached a settlement. The suit, which alleges that approximately 20,000 workers were adversely affected by underperforming funds and high fees, took the long road in reaching its destination. While details of the settlement are still pending, the plan in question had more than $1.6 billion in assets under management at the time of filing. 

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The Benchmarking Solution for Plans of Any Size

From a small family-owned business to a multinational corporation, every client — and plan — deserves the highest level of service. But the specific offering appropriate for each plan can depend largely on its size, and the fees for investments and services can range widely. By leveraging the power of negotiation, advisory know-how and frequent benchmarking, you can help keep fees reasonable for clients no matter how large or small their plan. Here’s a breakdown of how fees can differ between plans based on size.

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United Surgical Partners Suit Flares up Again

As of March 2023, United Surgical Partners International’s 401(k) plan seemed to have a clean bill of health. A prior lawsuit alleging that the Texas-based ambulatory care company neglected its fiduciary duty by maintaining low-performing, high-cost funds in its 401(k) plan had been dismissed not once, but twice. The second opinion, however, didn’t stick. By April 2024, the company’s legal situation became more uncertain, as a federal appeals court reversed that decision and allowed the suit to proceed. The case illustrates the sometimes-protracted nature of ERISA litigation and highlights the importance of proper benchmarking as one part of a prudent, multi-pronged strategy to help avoid costly and time-consuming court proceedings.

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Crafting a Winning Finalist Presentation

When delivering a finalist presentation, the key to winning new business lies beyond simply laying out facts and figures. What it requires first and foremost is a connection — an understanding of the sponsors’ point of view, their goals for the plan — and the needs of their employees. You need to make a meaningful connection between fees, investments and the essential services that will allow you to help a company achieve its strategic business objectives and deliver greater value to participants.

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Get (Back) Onboard RFP Express!

If you’re still lingering on the platform, it’s time to depart on a high-speed journey to revolutionize your advisory practice. RFP Express, the game-changing tool for retirement plan advisors, has revolutionized the quoting process, making it simpler, faster and more efficient for busy advisors like you to get the information you need to improve plan outcomes. Here’s a quick reminder of its unparalleled benefits and some exciting updates you might have missed.

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Defense Tech Giant L3Harris Settles Excessive Fee Suit

In yet another ERISA-related case, aerospace and defense technology firm L3Harris found itself in the crosshairs of an excessive fee lawsuit. Plaintiffs alleged that the retirement plan’s massive size should have given them the leverage to negotiate more competitive recordkeeping and administrative options, as well as lower fees. The company recently arrived at a settlement, though not before enduring a two-year legal battle. 

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Become a Retirement Plan Baller — With PlanFees

Like in basketball, as a retirement plan advisor, you have to coordinate with a team — a recordkeeper, TPA, HR, the plan sponsor and more — to achieve top performance for the participants counting on you. But to be a baller on the court, or as a retirement plan pro, you’ve got to be able to size up situations accurately in real time, pass critical information to sponsors and other members of the team and respond quickly to achieve top performance for your plan.

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