Judge Questions High Court ERISA Plans During 401(k) Arguments

An appeal over Telephone & Data Systems Inc.'s 401(k) fee levels may not be resolved until the US Supreme Court takes action on the topic, an Eighth Circuit judge suggested during Thursday arguments.

Judge Duane Benton appeared concerned with whether the Supreme Court planned to issue new rulings on the standard for challenging 401(k) fees under the Employee Retirement Income Security Act, asking William Delany of Groom Law Group for details on the high court’s docket.

Delaney, who argued on behalf of the Chicago-based telecommunications service company, said the justices were reviewing a petition that would allow them to address ...