J.C. Penney to Settle Stock Drop Suit

The company has agreed to pay $4.5 million to resolve a lawsuit alleging it failed to drop the company stock fund from its retirement plan after it was no longer a prudent investment.

A federal court judge has preliminarily approved a settlement in a class action against J.C. Penney Corp. over its handling of the company stock fund in its retirement plan.

Under the terms of the settlement, J.C. Penney will pay $4.5 million to resolve allegations that it breached its fiduciary duties under the Employee Retirement Income Security Act (ERISA) by failing to prudently and loyally manage the plan’s assets and to adequately monitor the independent fiduciary and provide the independent fiduciary with accurate information. The lawsuit alleged that plan fiduciaries allegedly knew or should have known that the J. C. Penney Common Stock Fund was an imprudent investment under ERISA.

For more stories like this, sign up for the PLANSPONSOR NEWSDash daily newsletter.

According to the settlement agreement, defendants deny any and all liability to plaintiffs and the plan, and deny any and all allegations of wrongdoing made in the action. Defendants deny that some or all of them were fiduciaries under ERISA, or were acting as ERISA fiduciaries at the time of the events complained of, or to the extent that any of them were acting as fiduciaries, that any breach of fiduciary duty occurred in connection with the investment, acquisition, or retention of the J. C. Penney Common Stock Fund in the plan. Defendants further contend that they acted prudently and loyally at all times and in all respects with regard to the plan.

The settlement class includes all individuals, excluding defendants, who participated in the plan, and whose individual accounts held units of the J. C. Penney Common Stock Fund between November 1, 2011, and May 31, 2016.

Study Reveals Behaviors to Increase Retirement Confidence

Financial literacy, a detailed plan, and owning appropriate products to financially protect their families can boost confidence.

Although the majority of Americans believe preparing for retirement is important, a new study by The Guardian Life Insurance Company of America suggests that most lack adequate savings and long-term financial plans.  

The firm’s study of financial and emotional confidence found that nearly 60% of Americans prioritize having at least one source of guaranteed income in retirement outside of Social Security benefits. However, less than one in four report feeling very confident in any aspect of their retirement finances. Moreover, the survey found 52% of respondents said building savings is a major priority, but more than two-thirds say they don’t describe themselves as living within their means. Forty-seven percent prioritized having a solid, long-term plan for achieving financial goals, but 81% don’t feel that they have one.  

For more stories like this, sign up for the PLANSPONSOR NEWSDash daily newsletter.

Overall, 78% of working American families are stressed and worried about their financial future, regardless of age, gender, income or other demographics, Guardian notes.  

Based on these and other findings, Guardian created a Financial Confidence Quiz. This assessment places participants into a set financial-confidence segment based on their answers to finance-related questions. It also offers tips on how to change behaviors in order to take hold of their financial lives and improve their future.

The segments were identified as follows.

  • Day-to-Day Decision-Maker: Generally stressed and struggling with finances – In the study this segment included the highest proportion of women and Gen X;
  • Ambitious Spender: Stressed but coping – Small business owners comprised a large segment of this category in the study;
  • Retirement Realist: Fearful of the future, with an above-average emphasis on savings and having adequate retirement income;
  • Confident Planner: Very positive on work/life balance. Study participants in this segment placed an above-average emphasis on retiring with a secure income, and making good investment decisions, leading to a higher degree of overall life satisfaction than the other segments.

NEXT: Behaviors that can increase retirement confidence

Through the study, Guardian elicited a pattern of behaviors exhibited by Confident Planners or just 21% of respondents. These individuals are most likely to credit their success to four specific behaviors:

  • Education: The Confident Planners have higher levels of education as well as financial competence, as measured by an assertion of basic understanding of financial concepts and products.
  • Plan: These individuals are more likely to live within their means and have some form of a written plan with specific details and clearly outlined objectives.
  • Ownership: Most own products appropriate for their financial goals that incorporate both growth and protection solutions.
  • Partnership: The majority work closely with an adviser and use some type of planning tool.

“Making a few small changes in how you approach your finances can put you on track to be more financially confident and ultimately help you live a more satisfied, less-stressed life,” suggests Matthew Bryan, assistant vice president at Guardian.

He concludes, “The happiest and least-stressed Americans are the most financially literate, are more likely to have a detailed plan, and own appropriate products to financially protect their families. Advisers can help by taking a holistic approach that identifies the gaps in their clients’ current behaviors and then laying out a blueprint to address those gaps for a more financially confident future that models the behaviors of the most confident Americans.”

Guardian conducted a national online survey of 4,971 Americans age 18 and older who are currently employed full-time or part-time, have never retired, and have household incomes of $50,000 or more.

For more information about The Guardian Study of Financial and Emotional Confidence, visit guardianlife.com. Guardian’s Financial Confidence Quiz can be accessed here.

«