This is an update of Terry's Feb. 17 column, with information about a new Supreme Court ruling added at the top.The Supreme Court made it official in a decision released this week: Employers are not only responsible but can be sued if they fail to live up to their fiduciary responsibilities in offering 40l(k) retirement plans. Specifically, individuals can sue if employers fail to provide prudent investment opportunities, or if employers set up plans with fees that are not "reasonable." In effect, in ruling on LaRue vs DeWolff, the Supreme Court has invited employees -- and lawyers -- to examine the costs of retirement plans. That includes the hidden costs that are buried deeply in plan documents. Those costs can make a huge difference in your ability to reach your retirement dreams, even if you save regularly in your company's plan. Though the specific ruling revolved narrowly around the rights of individuals to sue plan providers, the impact will be huge. Now, it's up to employees to do some digging and ask some questions. There might be some ripoffs lurking in your 401(k). Will you have to work an extra three years before retiring, in order to overcome the drag of excessive fees in your 401(k) account? Will your annual retirement income be reduced by $3,100 a year because your company 401(k) plan contains funds that charge high annual expenses? Are you willing to save an extra $800 a year to make up for the fact that your company has a retirement plan that has an extra half of one percent in costs each year? That's likely to be your fate, unless you step up and complain about your company's expensive retirement plan, says David B. Loeper, author of
- Fund choices that have high management fees and expensive trading costs, instead of lower-cost index funds.
- High plan expenses that range from record-keeping fees to per-head charges that are applied to the plan as a whole, but not reflected in investment results, and are hidden deep in plan documents.
- "Wrap fees" that raise the cost of the hidden expenses by 1% to 3% a year.
- "Mortality charges" of 0.5% to 1% annually in retirement plans sold by insurance companies. Loeper notes that these promises to pay your beneficiary at least the amount you originally invested involve "a very high annual fee to guarantee a zero percent rate of return after you're dead!"