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.
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