Fidelity sued by employees over 401k plan AGAIN
Reported over on the FRA PlanTools blog Fidelity is being sued by their own employees again. "The plaintiffs here generally allege that the fiduciaries to the Fidelity in-house plan violated ERISA sections 404 and 406 because Fidelity failed to rebate back the revenue sharing it collected from the all Fidelity mutual fund lineup in the plan beyond what would have been reasonable and permitted. The plaintiffs claim the plan should have negotiated a direct recordkeeping arrangement with Fidelty, like other large plans do. They claim that all the way back to 2007, a reasonable per head fee would have been $20-$27. Instead, they claim that Fidelity was collecting approximately $335 per head through the revenue sharing from the plan." This is the problem with bundling – even in the new era of full fee disclosure. It is still way too hard to separate the cost of administration from the cost of investment management. I can only hope that this continues to force the issue of full, clear and explicit fee disclosure for 401(k) service providers.