DOL Prevails in Court Orders, Removing TPA From Acting as Fiduciary for Sponsors

The regulator prevailed in motions against a Pennsylvania retirement third-party administrator it alleges stole $5.5 million in retirement plan assets from 17 clients.

A Pennsylvania federal judge on February 5 barred the third-party administrator RiversEdge Advanced Retirement Solutions and its president and owner, Paul Palguta, from accessing retirement plan assets serviced by RiversEdge.

The court also allowed Charles Schwab Trust Bank and American Trust Custody to continue to provide asset custody and technology services to the effected plans while the firms cooperate with the DOL. The court, on the same day, also appointed Receivership Management Inc. as an independent fiduciary.  

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The DOL on January 26 had asked the court to remove RiversEdge and Palguta from serving as fiduciaries and service providers of 17 plans they administer, which were implicated in the theft and to appoint an independent fiduciary to secure plan records, assist with recordkeeping transition activities and perform an accounting of suspicious asset transfers.

The court-appointed independent fiduciary will conduct an accounting of the assets of the 17 client plans listed in the court’s order, including 401(k), 403(b), deferred compensation and profit-sharing plans. Some of the plans are covered by the Employee Retirement Income Security Act of 1974, and some are not.

The DOL argued in briefs filed to court the order was needed to prevent irreparable harm to the plans and participants.  

U.S. District Judge Marilyn Horan, presiding in the Western District of Pennsylvania, wrote that she was granting the DOL’s order because “[t]he irreparable injury to be prevented is the harm to the Plans caused by the RiversEdge Defendants’ breach of their fiduciary duties, responsibilities, and/or obligations to the Plans, which includes misuse and misallocation of the Mismanaged Plans’ assets.”

Court Order

Horan’s decision barred RiversEdge, based in Sewickley, Pennsylvania, and Palguta from acting as fiduciaries for ERISA-covered and non-ERISA plans; from acting as service providers to plans; and from exercising any authority or control of plan assets.

Horan also ordered RiversEdge and Palguta to show cause by February 9 why the court should not enter a preliminary injunction to officially approve the order and scheduled a video preliminary injunction hearing for February 14.

The judge also ordered that RiversEdge will pay the independent fiduciary for the full amount of services rendered, up to $238,981.00

Charles Schwab Trust Bank and American Trust Custody, known as the Rule 19(a) defendants in this case, were directed to provide to all affected plans they service through a trust agreement or custodial agreement an immediate copy of the order within five business days of the date of the order

Acting Secretary of Labor Julie Su has alleged no claims against Schwab or American Trust Custody, Horan noted.  

“The Rule 19(a) Defendants shall also preserve, secure, and produce to the Independent Fiduciary all books, records, and documents, including electronic files, which relate to the administration, management, and operation of all Plans and their assets,” Horan wrote.

Representatives of Charles Schwab Trust Bank issued the following statement:

“Following the appointment of the independent fiduciary, Schwab will continue to cooperate with the DOL and provide trust/custody and technology services necessary for the continued operation of the impacted plans throughout this process.”

American Trust Custody declined additional comment other than to reiterate “no claims have been alleged against American Trust Custody, a Rule 19(a) Defendant,” according to a spokesperson. “It will continue to work with the Department of Labor, the assigned Independent Fiduciary, and other Rule 19(a) Defendants to assist the affected plans from any potential wrongdoing.”

The Lawsuit

The RiversEdge retirement plan had entered into agreements with the firm, allowing Palguta and others at RiversEdge to execute trades and direct the disposition of the plan’s assets, according to the initial DOL complaint.

Representatives of the court-appointed independent fiduciary, Receivership Management Inc., declined to comment.

The lawsuit is Julie Su, U.S. Department of Labor v. RiversEdge Advanced Retirement Solutions LLC et al.

Employees ‘Just Getting By’ and Stressed About Retirement, Emergency Savings

A new SoFi at Work survey finds that employees are increasingly stressed about paying off debt and the rising cost of living, which is impacting their mental health and performance at work.

Despite budgets for salary increases reaching a 22-year high in 2023, more employees than ever—nearly nine out of 10—are feeling stressed about their finances, with almost half saying they are “just getting by,” according to a new survey by SoFi at Work. 

In a survey of workers conducted in late 2023, SoFi found that 86% of employees feel increasingly stressed about their finances—up more than 10% from the firm’s previous report from 2022—with 60% worried about inflation and the rising cost of goods.  

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In addition, the number of employees who said they are not stressed about money also decreased nearly 50% since SoFi’s last reporting period, a sign that wage increases are not catching up with other economic strains. 

The new report, “The Future of Workplace Financial Well-Being: 2024 Employer & Employee Perspectives,” includes responses from 1,500 HR leaders and employees between the ages 18 and 70. The study was conducted from September 28 through October 13, 2023. 

Savings Concerns  

Across all ages, two financial issues topped the list of concerns for most employees: lack of cash reserve and saving for retirement. 

Nearly two out of three employees said they feel unprepared to handle a major unexpected expense like a car repair or replacing a broken appliance, and nearly half of employees said they are stressed about not having enough money saved for retirement. 

Having an emergency savings fund was a top priority for 47% of employees, a notable 20% increase from 2022, and 40% want to make progress paying off credit card debt, a priority which has risen 13% since SoFi’s last report. According to a separate report on household debt from the Federal Reserve Bank of New York, Americans now owe a collective $1.13 trillion on their credit cards. 

Raiding Savings 

The data also showed that employees are turning to retirement savings to meet near-term needs. According to SoFi, one in five employees reported having borrowed or withdrawn from retirement savings last year. 

Michael Bourgeois, vice president and business lead at SoFi at Work, said in an emailed response that it is difficult to pinpoint the exact reason why many employees are taking early withdrawals from their retirement accounts.  

“Many of these financial decisions and setbacks are so interdependent and woven together that it’s difficult to see exactly what is causing what, but oftentimes the issues will compound,” Bourgeois said. “Considering the rise in credit rates and the relatively low COLA adjustments employers have been awarding the last few years (among other difficulties, especially for cash-strapped employees), there are dozens of factors that eat away at financial well-being.”  

He said in some cases, a lack of emergency savings may force employees to withdraw from retirement accounts to cover unexpected expenses like medical bills and home repairs. 

“We’re seeing that employee priorities are shifting toward short-term resiliency,” Bourgeois said. 

He added that student loan debt can also get in the way of bolstering emergency funds and retirement savings. 

“In fact, 78% of employees who are still paying down student loans say they can’t contribute as much to retirement as they’d like because of student loan debt,” Bourgeois said. “Tackling debt leaves less money for savings, and when short-term expenses hit, many employees have no choice but to borrow from the funds available to them, like 401(k)s.” 

Help, Please 

The research also showed areas in which plan sponsors can help mitigate the financial strains.  

Retirement saving matching is now among the most enticing employee benefits, according to SoFi. Bourgeois suggested that there are a handful of low- or no-cost support options employers can implement quickly, such as sharing educational materials and resources to help employees understand and navigate their debt. 

According to the survey, 70% of HR leaders said their company offers financial well-being benefits, but only 48% of employees say their employer does, indicating a need for more employee knowledge about programs already available.  

The survey also pointed out a communication discrepancy, as 76% of HR leaders claimed to communicate about benefits at least quarterly or monthly, but only 67% of employees said they had received information about benefits in the last six months.  

To improve communication, SoFi at Work suggested that employers should: ask employees what they need; listen to their responses; provide customizable programs that meet employees where they are; and offer easy access to services that employees can trust. 

Bourgeois said talent retention is also a top pain point for companies this year, so it is “important to understand what benefits employees want and will turn the needle for employers.”  

The report indicated some awareness of new policies intended to help employees manage their finances: 40% of HR leaders said they plan to start taking advantage of the optional provisions in the SECURE 2.0 Act of 2022, such as matching employee student loan repayments with retirement account contributions and providing an emergency savings sidecar account. Meanwhile, nine out of 10 employees said they want these benefits and would be more likely to stay with their employer long-term if they matched student loan repayments with retirement contributions.  

Bourgeois also noted that one in three employees said their financial stress is impacting their ability to focus on their jobs, and nearly 25% said the stress reduces their productivity and confidence. The business lead emphasized that by implementing holistic financial well-being benefits and helping employees deal with the “root of their financial stress,” employers have an opportunity to improve overall wellness and productivity in the workplace. 

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