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ERISA Violations

Advocate Health Care Facility

The Advocate Health Care Network has a Disability Income Protection Plan that provides funds for employees who have a long- or short-term disability and are unable to work because of sickness or injury. The plan coordinates its own benefits with benefits paid by other parties, such as Social Security. However, complaint for this class action alleges that the Plan refuses to recognize the common fund doctrine, which allows participants to recover any legal or other expenses they incur in obtaining those benefits. 

Duke Energy Truck by Electrical Tower

At some companies, a collective bargaining agreement allows employees to bank their unused sick leave or short-term disability hours, even for years. Should the company later be allowed simply to wipe out those hours, without discussion or compensation? The complaint for this class action alleges that Duke Energy Corporation did just that. It claims violations of the Employee Retirement Income Security Act (ERISA) and the Tennessee Human Rights Act (THRA) along with age discrimination.

JPMorgan Chase Building

JPMorgan Chase & Co. and other JPMorgan companies are settling class actions alleging they violated provisions of the Employee Retirement Income Security Act (ERISA) and breached their fiduciary duties for the way they managed 401(k) investments in certain JPMorgan Stable Value Funds.

Providence's Office Park in Oregon

Providence Health & Services is electing to settle a class action claiming it violated its fiduciary duties with respect to tis 401(a) Service Plan, its Multiple Employer 401(k) Plan, and its 403(b) Value Plan. The complaint alleged that those in charge of the plan made imprudent selection of investment options when there were superior, less expensive options available.

Paper with Heading "401(k) Statement"

Do you live in California and work for a company with more than 500 employees? Do you participate in its 401(k) or other retirement plan? Retirement plans for such large companies are governed by the Employee Retirement Income Security Act (ERISA), and they must meet certain requirements. However, not all of them do—and that may eventually affect how much money you have to retire on.

Pension plans have certain requirements as to payouts under federal laws. The complaint for this class action claims that Anheuser-Busch Companies, LLC (AB) did not meet these requirements, because it used an old actuarial table that does not accord with current life expectancy figures.

Clock, Pile of Coins, and Hand Putting Coins in Jar

Entities that handle retirement plans have a fiduciary duty to the plan and its participants. However, the complaint for this class action alleges that West Corporation and the Retirement Committee of the West Corporation Employee 401(k) Retirement plan did not fulfill the duties of a fiduciary because they permitted fees for the plan to be too high. 

Worker in Factory

One of the benefits unions can provide to workers is a retirement plan. However, the complaint for this class action alleges that when workers changed their union representation, the old union refused to roll accounts over to the new one. 

Building for Pioneer Natural Resources

Pioneer Natural Resources USA, Inc. and other parties responsible for the company’s 401(k) plan have agreed to a settlement that claims they have violated the Employee Retirement Income Security Act (ERISA). The complaint alleged that the company and other defendants acted improperly, in a way that caused plan participants to pay excessive fees for recordkeeping services.

Fidelity Logo

Participants in 401(k) plans must often pay fees to the mutual funds they invest in. The complaint for this class action alleges that various Fidelity companies required kickbacks from the mutual funds in its retirement plans, which then increased fees or decreased profits for the funds. The complaint claims that these secret payments violate the provisions of the Employee Retirement Income Security Act (ERISA).

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