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Multiple Employer Pension Plans May Need to Brace Themselves for Lawsuits


Consulting firm October Three says lawyers will likely set their sights on MEPs.
Multiple employer pension (MEP) plan sponsors should brace themselves as a potential target for litigation as the plans continue to emerge as a provider-based alternative to single-employer 401(k) plans, according to consulting firm October Three.
In a recent article, the firm said that as MEPs begin to accumulate participants and assets, it is “inevitable that plaintiffs’ lawyers will train their sights on MEPs as a fiduciary litigation target” with the “the same sort of fiduciary litigation that has afflicted the single-employer 401(k) plan community.”
The firm said the flood of defined contribution (DC) litigation over the past 15 years has focused on a relatively narrow set of issues: 401(k) plan fees, including investment management fees, recordkeeping fees, and revenue sharing, as well as fund performance, particularly related to actively managed funds and target-date funds ....

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