In the Press
November 30, 2023

Fear of Litigation Causes Plan Sponsors to Pare Down Investment Menu (Plansponsor)

Professionals

Many plan sponsors, particularly those managing large retirement plans, are reacting to increased litigation risk by reducing their investment menu options. As a result, employees are prevented from investing within the plan in certain asset classes, which have the potential to grow participants’ assets significantly. After analyzing the 401(k) savings of a group of 200,000 public employees who did not have access to a pension, on average, having access to these higher-volatility investment options increased participants’ retirement wealth by roughly 3%. He noted that the research followed a 10-year investment horizon period. Financial Industry Litigation, counsel Ben Reilly said the fact that participants’ account balances grew by 3% over a 10-year investment horizon is significant. “I find that very compelling from a litigation standpoint, because the way that courts rule, it’s always a six-year horizon for these cases." More on Plansponsor.