Browsing Tag
Plan forfeitures
10 posts
155 ERISA Fiduciary Lawsuits Filed in 2025 as Litigation Broadens
Encore Fiduciary report shows ERISA class action filings approached a record high last year with 401(k) plans still the primary target; settlements continue to mount but participant recoveries remain modest compared with attorney payouts
DOL Files Fourth Amicus Brief Backing Plan Sponsors in Forfeiture Suits
Labor Department urges Third Circuit to uphold Barragan v. Honeywell dismissal, arguing ERISA does not require forfeited funds be used to pay plan expenses
DOL Issues Brief Defending Employer Forfeiture Practices
The amicus brief urges the U.S. Court of Appeals for the Ninth Circuit to uphold a decision issued in the case of Hutchins v. HP, Inc.
Record-Breaking $69 Million Settlement in UnitedHealth 401(k) Case Finalized
Settlement said to be largest ever for a mismanaged retirement funds case
Gomez Reveals Fiduciary Red Flags that Catch DOL’s Eye
Keynote session at Qualified Plan Fiduciary Summit also features Fred Reish warning about forfeiture lawsuits
401(k) Forfeiture Lawsuits and SECURE 2.0 Compliance with Richard Clarke
The “flavor of the month” in retirement plan ERISA lawsuits seems to be 401(k) forfeiture reallocation cases, where…
Current State of Retirement Plan Forfeiture Litigation Subject of Wagner Law Update
25 forfeiture lawsuits have been filed to date; brief focuses on recent Clorox decision and potential impact of Supreme Court Loper Bright ruling
401(k) Forfeiture Lawsuit Wave Still Splashing West Coast
Recent rulings show use of forfeited funds to reduce future employer contributions instead of lowering plan expenses may violate ERISA, trumping IRS guidance
Forfeiture Litigation Raises New Issues for Plan Fiduciaries
Groom Law Group’s George M. Sepsakos covers allegations and potential implications of recent lawsuits against plan fiduciaries related to the use of plan forfeitures
4 Ways to Use 401(k) Plan Forfeitures
Employer sponsored 401(k) retirement plans can contain retirement plan forfeitures, which are non-vested employer contributions of terminated participants.…