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Scrutiny of the fees that 401(k) plan participants pay for their retirement accounts is only likely to increase after a California court ruling in July. Edison International, the $12.4 billion utility, was found to have violated its duty under ERISA when it used retail shares of mutual funds, instead of cheaper institutional shares, for three of the investments in its defined-contribution plan. The lawsuit, Tibble v. Edison International, was one of a number of cases in recent years alleging that 401(k) plans entailed excessive fees or fees that were not properly disclosed. A spokesman for Edison would not comment on whether the company plans to appeal.

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