Boeing Agrees to Pay $57 Million to Settle 401(k) Lawsuit
November 05 2015 - 11:50AM
Dow Jones News
Boeing Co. has agreed to pay $57 million to end a lawsuit
accusing the aerospace company of mishandling its 401(k) plan by
offering imprudent investment options and passing on excessive fees
to employees.
The settlement, which needs a federal judge's approval, would be
among the largest payouts stemming from suits accusing employers of
violating the Employee Retirement Income Security Act, or Erisa.
Earlier this year, Lockheed Martin Corp. paid $62 million to settle
allegations of 401(k) mismanagement. In 2013, Cigna Corp. paid $35
million in a similar suit.
The Boeing case involved accusations the company failed to
uphold its fiduciary duties to employees, by allowing excessive
401(k) fees to go unchecked, choosing higher-cost retail mutual
funds over cheaper options and improperly making 401(k) plan
decisions to benefit vendors receiving other Boeing business.
Boeing, which has defended its retirement plan practices and has
lowered some fees since the suit was filed, didn't immediately
respond to a request for comment Thursday. The details of the
settlement emerged for the first time Thursday in a filing in
Illinois federal court.
Boeing has been the largest target to date of a plaintiffs'
lawyer who has made a career over the past decade of filing class
actions over alleged Erisa violations. The parties arrived in court
in August to go to trial in the Boeing lawsuit, filed in 2006 on
behalf of 190,000 Boeing employees and retirees, but agreed to
strike a deal moments before jury selection began.
The settlement is the ninth such deal St. Louis lawyer Jerome
Schlichter has reached with major companies, resulting in more than
$271 million in payouts. Of that, around a third has gone to Mr.
Schlichter and his law firm, Schlichter Bogard & Denton
LLP.
Six other Erisa cases he's brought are pending, including one
that went to the U.S. Supreme Court earlier this year.
In that case, against Southern California utility Edison
International, the high court ruled unanimously that companies have
a continuing duty under Erisa to monitor and remove imprudent
investments included in a retirement plan.
Boeing's $44 billion 401(k) plan is the second-largest in the
nation after International Business Machines Corp., according to
the Labor Department.
Many Americans have come to rely on 401(k) plans for their
retirement: Of the $24.8 trillion in U.S. retirement assets at the
end of June, nearly 19% was in 401(k) plans, according to the
Investment Company Institute, a mutual-fund trade group.
Write to Sara Randazzo at sara.randazzo@wsj.com
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(END) Dow Jones Newswires
November 05, 2015 11:35 ET (16:35 GMT)
Copyright (c) 2015 Dow Jones & Company, Inc.
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