NCR Ex-Workers Advance Some Claims Over 401(k) Plan Management

Former NCR Corp. employees can challenge the 401(k) recordkeeping fees their retirement plan paid to Fidelity, but they can’t pursue claims that are contradicted by facts in the record, an Atlanta federal judge ruled.

The workers have viable claims that NCR breached its fiduciary duties under the Employee Retirement Income Security Act by failing to rein in the $42-per-person annual recordkeeping fees allegedly paid to Fidelity Investments Institutional Operations Co., Judge Steve C. Jones said Tuesday. Their complaint plausibly alleges that Fidelity—which isn’t a party to the lawsuit—charged similar plans much less for these services, and that NCR’s failure ...