Smaller-than-jumbo size retirement plans are being targeted in excessive fee lawsuits by a team of boutique plaintiffs’ attorneys new to the 401(k) litigation arena.
In the latest filing, participants in the defined contribution plan sponsored by TriHealth, Inc., a Cincinnati-based hospital system, allege plan fiduciaries breached their obligations under the Employee Retirement Income Security Act by offering an investment menu laden with excessively costly options, resulting in $7.2 million in lost gains to the plan between 2013 and 2017.
In court papers filed in the U.S. District Court for the Southern District of Ohio, attorneys for a prospective class of more than 12,000 plan participants allege that “administrative fees” charged to the plan between 2013 and 2017 were 90 percent more than fees on similar-sized plans when calculated on a per participant or percentage of plan asset basis.
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