Massachusetts Health System BHS to Face Retirement Plan Fee Suit

BHS Management Services Inc. lost its bid to dismiss a proposed class action challenging the Massachusetts health care system’s retirement plan fees when a federal judge ruled Thursday that plan participants had both standing to sue and viable ERISA claims.

BHS argued the three named plaintiffs lacked standing to challenge plan investments that they didn’t personally hold in their retirement accounts, citing a 2019 decision using this reasoning to reject similar claims against Morgan Stanley. Judge Mark G. Mastroianni disagreed in an electronic order, saying most courts agree that participants in 401(k)-style retirement plans can establish standing to bring ...