Let me ask you a tough question: When was the last time you checked who your employer’s retirement plan is truly designed to protect?
Is Your Retirement Plan Working Against You?
By Kit Lancaster, CFP® | Sterling Edge Financial
Let me ask you a tough question: When was the last time you checked who your employer’s retirement plan is truly designed to protect?
You might assume that the 401(k) or 403(b) offered by your workplace-especially at a respected institution-is optimized for your financial future. But recent lawsuits against Northwestern University’s retirement plans reveal a harsh truth: Even the most prestigious organizations can fail you.
“But It’s managed by a Fiduciary… Right?”
Northwestern’s case is a wake-up call. Their employees alleged the university:
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Paid 4–5x more in record keeping fees than comparable plans.
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Offered 400+ confusing investment options (yes, you read that right).
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Kept high-cost funds that siphoned millions from participants’ savings.
And here’s the kicker: Northwestern won awards for its benefits program while this was happening.
This isn’t about malice-it’s about misaligned incentives. Employer plans are managed in a fiduciary capacity to the organization, not you. Their duty is to avoid legal liability, not maximize your returns.
Three Questions to Ask About Your Plan
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“Are we paying Walmart prices for Gucci record keeping?”
Northwestern paid $4–5 million annually for basic admin services-a cost passed to employees. Your plan’s fees should be below 0.30% for large employers. -
“Why am I offered 10 versions of the same fund?”
Complexity breeds confusion. If your menu has dozens of overlapping options, it’s not for your benefit-it’s often to appease multiple vendors. -
“Who’s actually watching the watchmen?”
Northwestern’s fiduciaries allegedly didn’t benchmark fees or remove underperforming funds for years. Ask: When did our plan last conduct a competitive bid?
The Real Cost of “Good Enough”
Northwestern’s participants lost millions to excessive fees and poor fund choices. But this isn’t unique. 1 in 4 workplace plans face similar lawsuits. Why?
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Institutional inertia: Plans rarely renegotiate contracts unless forced.
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Revenue-sharing kickbacks: Hidden fees that prioritize vendor profits over your savings.
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Participant complacency: We’re trained to “set it and forget it,” but silence isn’t safety.
How to Protect Yourself
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Audit your statement: Look for “record keeping” or “admin” fees. If they exceed 0.40%, ask why.
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Simplify: Understand your plan options. Make sure your investments in your 401(k) or 403b are coordinated with other investments outside your 401(k).
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Demand transparency: Ask HR for the plan’s 408(b)(2) fee disclosure. If they balk, that’s a red flag.
- No Advice - No Personalization - Consider rolling over old accounts from previous employers into an Individual Retirement Account (IRA). Engaging with a personal financial advisor can provide access to a broader range of investment options compared to leaving your funds unmanaged in an employer's retirement plan. With Sterling Edge Financial this means you get personalized advice from a fiduciary relationship specific to your financial plan. You also receive, fee transparency and investment ideas not bound to the lowest denominator.
Final Thought: You’re the CEO of Your Retirement
Your employer’s plan is a tool, not a strategy. At Sterling Edge, we’ve helped clients understand how to make the most of their employer plans and how to evaluate options outside of their plans.
Don’t assume someone else is optimizing your retirement. Let’s run a free plan review together. Because if Northwestern’s employees, could get blindsided, anyone can.
Stay vigilant,
Kit Lancaster, CFP®
P.S. Forward this to a colleague who’s “too busy” to check their 401(k). They’ll thank you later.
Here are direct, easy-to-click URLs supporting the statements in the article about employer-provided retirement plan risks, Northwestern’s lawsuits, and broader plan failures:
On Northwestern’s Lawsuit and Plan Failures
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Supreme Court decision and excessive fee allegations:
Verrill Law summary of Hughes v. Northwestern1
Cohen Milstein summary: excessive fees, too many options, retail shares2
Debofsky: $4–5 million annual fees, retail vs. institutional shares, lack of competitive bidding3
Certilman Balin: 400+ options, participant confusion, retail share classes4
PlanAdviser: recordkeeping fees, retail share class retention5
HR Dive: 80% of midsize/large employers overpay plan fees18
On Fiduciary Responsibility and Plan Oversight
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Employer fiduciary duties are to the plan as a whole, not individual optimization:
Employee Fiduciary: hierarchy of fiduciary responsibility, employer at the top7
Paychex: what fiduciary responsibility means for retirement plans19
On High Fees, Revenue Sharing, and Retail Share Classes
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Revenue sharing and share class issues:
Employee Fiduciary: revenue sharing, share class impact9
Employee Fiduciary: how to lower 401(k) fees, index funds vs. active funds11
MoneyEdu: small fee differences can cost you a quarter of your retirement savings10
On Plan Complexity and Participant Confusion
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Too many investment options and the need for simplicity:
Certilman Balin: 400+ options led to confusion, not a defense under ERISA4
Choice Bank: benefits of simplifying investment strategies14
On Participant Action Steps
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How to check fees, demand transparency, and audit your plan:
Fisher Investments: 408(b)(2) fee disclosure explained15
Financial Freedom House: benchmarking and auditing 401(k) fees13
On Broader Industry Trends and Lawsuits
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Most employers overpay; lawsuits are common:
HR Dive: 80% of midsize/large employers overpay fees; lawsuits increasing18
These links provide direct evidence and further reading on every key point raised in the article, from Northwestern’s case specifics to general plan risks and what participants can do.
Citations:
- https://www.verrill-law.com/benefits-law-update/unanimous-supreme-court-overturns-court-of-appeals-in-northwestern-university-403b-plans-excessive-fee-case
- https://www.cohenmilstein.com/hughes-v-northwestern-offers-important-takeaways-public-and-taft-hartley-pension-trustees/
- https://www.debofsky.com/articles/hughes-v-northwestern-university-excessive-fee-claims-in-retirement-plans/
- https://certilmanbalin.com/can-a-retirement-plan-have-liability-for-offering-participants-too-many-investment-choices/
- https://www.planadviser.com/latest-court-decision-northwestern-case-opens-door-erisa-litigation/
- https://www.boardmanclark.com/publications/hr-heads-up/employers-carry-burden-in-retirement-plan-excessive-fees-cases
- https://www.employeefiduciary.com/blog/meeting-401k-fiduciary-responsibility
- https://definiti.com/insights-common-mistakes-plan-sponsors-make-in-retirement-plan-administration/
- https://www.employeefiduciary.com/blog/401k-mutual-funds-pay-attention-to-share-class
- https://moneyedu.iccu.com/public/featured-this-week-topic.cfm?code=ICCU&theme&week=41&day=7&resources
- https://www.employeefiduciary.com/blog/lowering-401k-fees
- https://www.stephens.com/perspectives/stephens-capital-management-top-10-questions-for-retirement-plan-sponsors
- https://www.financialfreedomhouse.com/understanding-401k-investments/401k-fee-audit-benchmarking/
- https://bankwithchoice.com/wealth-blog/the-benefits-of-simplifying-your-investment-strategies/
- https://www.fisherinvestments.com/en-us/insights/business-401k/408b2-fee-disclosure
- https://www.erisapracticecenter.com/2023/04/northwestern-universitys-alternative-explanations-not-strong-enough-to-defeat-erisa-excessive-fee-claims/
- https://www.cupahr.org/blog/supreme-court-decision-retirement-plan-fiduciary-duties-hughes-v-northwestern-university/
- https://www.hrdive.com/news/midsize-to-large-employers-overpay-retirement-plan-fees/731484/
- https://www.paychex.com/articles/employee-benefits/401k-know-your-fiduciary-responsibility
- https://www.kiplinger.com/retirement/401ks/doing-this-with-your-401-k-could-cost-you-usd18-000
- https://www.covenantwealthadvisors.com/post/retirement-questions-to-ask-your-employer-don-t-get-caught-off-guard
- https://waltersaccounting.com/understanding-401k-audit-cost/
- https://www.clarkhill.com/news-events/news/supreme-court-declines-to-close-floodgates-on-401k-and-403b-fee-litigation/
- https://www.usicg.com/publications/insights-articles/defined-contribution-401k/rein-in-excessive-retirement-plan-fees/
- https://www.wagnerlawgroup.com/wp-content/uploads/sites/1101401/2021/07/SafariMay302018at653AM-3.pdf
- https://uknowledge.uky.edu/cgi/viewcontent.cgi?article=1042&context=lawfac_book
- https://www.mercer.com/insights/law-and-policy/7th-circuit-revives-excessive-fee-claims-after-high-court-ruling/
- https://www.law.cornell.edu/supct/cert/19-1401
- https://www.plansponsor.com/in-depth/detailed-analysis-supreme-courts-northwestern-university-ruling/
- https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2023%2FD03-23%2FC%3A18-2569%3AJ%3ABrennan%3Aaut%3AT%3AfnOp%3AN%3A3020799%3AS%3A0
- https://www.napa-net.org/news/2023/3/northwestern-excessive-fee-defendants-win-some-lose-some/
- https://supreme.justia.com/cases/federal/us/595/19-1401/
- https://www.whitcomblawpc.com/business-law-blog/hughes-v.-northwestern-supreme-court-revives-erisa-lawsuit
- https://dailynorthwestern.com/2022/01/24/campus/u-s-supreme-court-revives-case-against-nus-retirement-plan/
- https://www.alston.com/en/insights/news/2022/02/benefits-pro-how-the-supreme-court-ruling
- https://www.ropesgray.com/en/insights/alerts/2022/02/hughes-v-northwestern-university-key-takeaways-for-401k-and-403b-plan-sponsors-and-fiduciaries
- https://www.hklaw.com/en/insights/publications/2025/04/practice-guidance-excessive-fee-cases-not-just-for-retirement-plans
- https://www.dwt.com/blogs/employment-labor-and-benefits/2024/05/congress-should-fix-erisa-excessive-fee-case-law
- https://www.aig.com/content/dam/aig/america-canada/us/documents/business/management-liability/pension-trustee-excess-fees-fiduciary-whitepaper.pdf.coredownload.pdf
- https://www.completepayrollsolutions.com/blog/401k-issues
- https://www.planperfectretirement.com/facts-about-revenue-sharing/
- https://cri.georgetown.edu/recent-research-shows-how-fees-can-erode-retirement-savings/
- https://jlkrosenberger.com/employers-overpaying-retirement-plan-fees/
- https://www.tha.org/blog/navigating-fiduciary-responsibility-a-guide-for-retirement-plan-sponsors/
- https://siouxfallschamber.com/common-challenges-of-employee-retirement-plans/
- https://www.plansponsor.com/revenue-sharing-not-always-bad-thing/
- https://creativeplanning.com/insights/investment/fees-eroding-savings/
- https://www.planadviser.com/401k-excessive-fee-litigation-spiked-near-record-pace-24/
- https://www.zionsbank.com/personal/community/personal-finance/how-to-avoid-high-401k-fees/
- https://humaninterest.com/learn/articles/401k-fees-too-high/
- https://www.yalelawjournal.org/article/excessive-fees-and-dominated-funds-in-401k-plans
- https://www.nytimes.com/2024/04/19/business/401k-fees-retirement.html
- https://www.bankrate.com/retirement/how-to-pick-401k-investments/
- https://www.forusall.com/401k-blog/401k-fee-disclosures
- https://www.consumerreports.org/retirement-planning/how-to-avoid-hidden-401k-fees/
- https://www.metlife.com/stories/retirement/questions-to-ask-before-you-retire/
- https://anderscpa.com/401k-audits/
- https://www.investopedia.com/articles/personal-finance/091515/best-strategies-maximize-your-401k.asp
- https://retirement.johnhancock.com/us/en/viewpoints/erisa--plan-design/a-guide-to-408-b--2--fee-disclosures-for-retirement-plan-sponsor
- https://www.reddit.com/r/personalfinance/comments/17bnqt4/are_my_401k_fees_too_high/