Case against jumbo 401(k) claims self-dealing, excessive fees

Furthermore, the fiduciary trustee and advisor to the plan, Reliance Trust, an Atlanta-based bank, "selected and retained its own high-cost and poorly performing investments to benefit itself at the expense of plan participants," the claim alleges.

In return for the opportunity to offer its propriety products, Reliance Trust used investment optins with asset-based revenue sharing agreements, to the benefit of Insperity Retirement Services, and ultimately to Insperity, Inc. One example of the alleged imprudence was the Insperity Horizon Risk-Managed Funds, a proprietary target-date option Reliance created in November 2012 and added to the plan days later.

To select a fund with no performance history was "wholly contradictory to the most basic prudent fiduciary practices," the claim says.

Given the plan's size, about 50,000 participants, the claim says fixed recordkeeping costs should have been about $30 per participant.

But the plan paid approximately $119 to $142 per participant per year from 2009 through 2014, as much as 473 percent higher than a reasonable fee, resulting in millions of dollars in excessive fees, according to the complaint.

Plaintiffs' attorneys allege participants lost over $30 million to excessive record keeping costs.

And as recently as the end of 2014, the plan offered 11 investment options that charged fees from 23 percent to 133 percent in excess of fees with similar funds available on the market.

In July 2015, the plan added several new investment options, which the suit also alleges came with excessive fees.

Even when cheaper institutional class shares of funds were offered, participants still paid higher fees than had Insperity used the plan's size to negotiate investments in a separate account, which plaintiffs' attorneys argue would have been the prudent strategy, given then plan's sheer size.

"Had Defendants offered separate accounts rather than high-cost mutual funds for the Plan's investment options, Plan participants would have paid significantly less of their retirement savings for investment management services, thereby having available millions of dollars to build their retirement assets," the claim argues.

St. Louis-based Schlichter, Bogard and Denton is representing the four named plaintiffs in the suit. The law firm has led numerous excessive fee claims under ERISA.