401(k) Participants Can Sue to Recover Losses
By Dan Keane
19:29, February 24th 2008
24 votes
Vote this story
401(k) Participants Can Sue to Recover Losses

The US Supreme Court ruled that participants in the most common type of retirement plan, 401(k), can sue administrators of their pension plans over their failure to manage the money properly. The unanimous ruling stemmed from the lawsuit of James LaRue of Texas, who lost about $150,000 because of mismanagement of his pension plan and failure to comply with his request to move the money into safer investments.

"Before everybody just saw it as a savings plan offered employees, and now the focus has been on the fact that this is the employee's retirement plan," said Robyn Credico, director of defined contribution consulting for Watson Wyatt Worldwide, to the Washington Post. "I think both the plan sponsors and the government are paying more attention because of that."

The Supreme Court ruled that the Employee Retirement Income Security Act indeed allows individuals to hold responsible their administrators in case of suspected mismanagement. "Fiduciary misconduct need not threaten the solvency of the entire plan to reduce benefits below the amount that participants would otherwise receive," Justice John Paul Stevens said.

The Supreme Court thus effectively overturned a ruling by the 4th U.S. Circuit Court of Appeals in Richmond, Va. which previously ruled that Supreme Court precedent barred LaRue from suing administrator DeWolff, Boberg & Associates. The ruling was largely seen as a victory for the "little guy," as it empowers individuals to hold accountable the managers of their retirement funds if money is stolen or mismanaged.



© 2007 - 2008 - eFluxMedia
dotclear

Other News in

The Launch Of The New iPhone Approaches

The Launch Of The New iPhone Approaches

AT&T released a new statement about its upcoming iPhone release, meant to reaffirm the pricing details of the new smartphone. iPhone enthusiasts will be able to purchase the device at a $199...

Google Replaces Google With Privacy On Its Home Page

Google Replaces Google With Privacy On Its Home Page

After it was repeatedly criticized by the privacy advocates for not including a Privacy link to its home page, the biggest search engine decided this weekend to replace the word Google with a link...

Sprint Nextel Receives Significant Boost From Samsung Instinct's Sales

Sprint Nextel Receives Significant Boost From Samsung Instinct's Sales

The huge success of Samsung’s Instinct smartphone surprised even the company’s officials, which worked on its development and planned its release with the powerful wireless telecommunication...

Firefox 3 Is Gaining Significant Ground

Firefox 3 Is Gaining Significant Ground

Mozilla’s Firefox 3 seems to be getting more popular with each passing day, with a current market share of about 19 percent. The updated Firefox 3 browser was released on June 17 and since them the...

YouTube to Hand over User Information to Viacom, Court Decides

YouTube to Hand over User Information to Viacom, Court Decides

A July 1 ruling gave Viacom access to YouTube’s huge database, a 12 Terabytes collection of user data information, including capabilities to track down the videos that a person viewed. The ruling...

dotclear
Latest videos in Business
Tomato scare hurts business
Yahoo, Microsoft eye next...
Wall St. spirits lifted by...
Wall Street's grim job picture
GM turns away from SUVs

dotclear
Business You are here: Business
» World   » Business   
E-mail To A Friend Print RSS Text size: Decrease font size Increase font size
dotclear
dotclear
dotclear
Most Popular in Business
Sprint Nextel Receives Significant Boost From Samsung Instinct's SalesSprint Nextel Receives Significant Boost From Samsung Instinct's Sales

» read full story
dotclear

Interested In This Topic?

News Alert will keep you informed. Find out more.
dotclear
Photos Gallery
dotclear
Today's Latest News
91-Year-Old Woman Searches for Keys and Gets Stuck Under Car91-Year-Old Woman Searches for Keys and Gets Stuck Under Car

» read full story
dotclear