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401(k) LAWSUITS: WHAT ARE THE CAUSES AND …

May 2018, Number 18-8401(k) LAWSUITS: WHAT ARE THE CAUSES AND CONSEQUENCES?* George S. Mellman (CFA) is an institutional investment consultant for defined contribution, defined benefit, and endowment fiduciary committees. Geoffrey T. Sanzenbacher is the associate director for research at the Center for Retirement Research at Boston College. The authors wish to thank the following individuals from Covington and Burling for extremely helpful comments: Rachel Fried, Christopher Lowther, Richard Shea, and Erika Skougard. Any remaining errors are those of the 401(k) s are now the main type of employer-sponsored retirement plan .

fiduciaries.18 Further, several consulting services now offer independent plan administration fee evalua-tions. A final issue worth noting is the recent trend of excessive fee claims brought against 401(k) record-

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