Fidelity Investments has agreed to pay $12 million to settle twolawsuits brought by its own employees that alleged the mutual fundgiant charged excessive fees in the company's own 401(k) plans.

|

It admitted no wrongdoing in settling the cases, Bilewicz v. FMR LLC and Yeaw v. FMR LLC.

|

Filed in March of 2013 in U.S. District Court in Boston, one ofthe suits claimed that Fidelity chose only high-fee fund options,exclusively from the Fidelity family of funds, for its 401(k)menu.

|

It also claimed that Fidelity added funds to the plan withlittle or no track record, and that the overall fees perparticipant for a plan its size were exorbitant.

|

The plaintiffs claimed total fees for the plan should haveamounted to $550,000, when the actual cost to participants wasabout $15 million.

|

As part of the settlement, Boston-based Fidelity agreed to makea wider selection of its own funds as well as non-Fidelity fundsavailable to enrollees.

|

Also, going forward, Fidelity's Portfolio Advisory Services willbe made available to enrollees at no cost.

|

Auto-enrollment for new qualifying employees will be raised from3 percent of eligible compensation to 7 percent, and existingenrollees whose contribution rates are below 7 percent will havetheir contribution rates raised to 7 percent as well.

|

The plan revisions agreed to in the settlement are to remain inplace for at least the next three years.

|

“Fidelity's settlement of this case is somewhat surprising asthey have typically vigorously defended itself in other excessivefee litigation,” Thomas Clark, an attorney with the LowenbaumPartnership, wrote in a blog post.

|

On the other hand, the cost of continuing litigation would havelikely been substantially more than the amount agreed to in thesettlement, he said.

|

Complete your profile to continue reading and get FREE access to Treasury & Risk, part of your ALM digital membership.

  • Critical Treasury & Risk information including in-depth analysis of treasury and finance best practices, case studies with corporate innovators, informative newsletters, educational webcasts and videos, and resources from industry leaders.
  • Exclusive discounts on ALM and Treasury & Risk events.
  • Access to other award-winning ALM websites including PropertyCasualty360.com and Law.com.
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.