Peabody Energy Corporation is facing a class action lawsuit
alleging violations of the Employee Retirement Income Security Act (ERISA) by
continuing to offer company stock as an investment in several defined
contribution (DC) plans.
The plaintiff filed the lawsuit on behalf of participants in
the Peabody Investments Corp. Employee Retirement Account; the Peabody
Western-UMWA 401(k) Plan; and the Big Ridge, Inc. 401(k) Profit Sharing Plan
and Trust, alleging plan officials breached their fiduciary duties by
continuing to offer Peabody Stock as an investment option for the plans when it
was imprudent to do so, and maintaining the plans’ pre-existing significant
investment in Peabody Stock when it was no longer a prudent investment.
The lawsuit also alleges that certain defendants failed to
avoid or ameliorate inherent conflicts of interests which crippled their
ability to function as independent, single-minded fiduciaries with only the
plans’ and their participants’ best interests in mind. In addition, it alleges
that certain defendants breached their fiduciary duties by failing to
adequately monitor other persons to whom management/administration of the plans’
assets was delegated.
According to the complaint, the fiduciaries knew or
should have known that Peabody stock was imprudent as a retirement investment
vehicle because of the “sea-change in the basic risk profile and business
prospects of the company caused by the collapse of coal prices, the company’s
deteriorating Altman Zscore—a financial formula commonly used by financial
professionals to predict whether a company is likely to go into
bankruptcy—which indicated that Peabody Energy was and is in danger of
bankruptcy, an excessive increase in the company’s debt to equity ratio, and
increased costs due to the ill-advised acquisition of Australian company
Macarthur Coal Ltd.”
The lawsuit says that as a consequence the plans are their
participants have suffered tens of millions of dollars of losses as the market
price of Peabody Energy has fallen from approximately $26.56 on December 14,
2012, the first day of the Class Period, to $3.21 (both adjusted closes) on
June 10, 2015, the most recent trading day preceding the date of the lawsuit
filing—a decline of 88%.
The lawsuit names as defendants company officers, directors,
and employees who were fiduciaries of the plans during the class period,
including members of the plans’ administrative committee. It asks that
fiduciaries restore the values of the plans’ assets to what they would have
been if the plans had been properly administered.
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A shared interest in helping plan participants move the dial on retirement readiness as well as general financial behavior sparked State Street Global Advisors (SSGA) and Benz Communications to partner in an unusual venture: a day-long “hackathon” for plan sponsors to share concerns and insights on their employees’ financial behaviors.
At the end of the December session, SSGA and Benz had, with the help of their Fortune 500 plan sponsors, six steps that organizations could use to bring financial wellness to their own employees.
For the past 10 years since the Pension Protection Act (PPA), the retirement industry has been tightly focused on improving the 401(k) plan, says Megan Yost, head of employee engagement, global defined contribution (DC) at SSGA. In the wake of the PPA, plan sponsors began to implement auto features and use plan design to improve outcomes.
Another driver of the growing interest in financial wellness is the rise of high-deductible health care plans, says Jennifer Benz, founder and chief executive of Benz Communications, which is pushing this to be more of an issue for companies. “More workers in high deductible health plans has unintended consequences on the financial side,” Benz tells PLANADVISER, noting the connection between an employee’s finances and health care benefit design.
“The next step is continuing to help people use the plan to the fullest extent,” Yost tells PLANADVISER. “If people are hampered by loans and poor financial habits, they can’t fully utilize the plan.” Sub-optimal financial habits are partly responsible for what Yost says is a huge shift in plan sponsors’ desire to help people address their immediate concerns in order to improve financial habits.
NEXT: Taking the financial pulse of the workforce.
“We heard from our clients about
financial wellness becoming an increasing area of interest that they wanted to
take on, but didn’t know how to tackle,” Benz says. “What is it? How can
organizations harness it?” Amazingly, she says, they were able to get 12 senior
benefits people to show up for a day filled with energy and enthusiasm.
The group had a number of
initiatives. They wanted strategies for providing wellness in the workplace and
a toolset of offerings to integrate behaviors that would lead to financial
wellness. They wanted programs to be holistic and to help reduce financial
stress, and they wanted to improve their employees’ financial lives by helping
them make sound financial decisions.
A good place for plan sponsors to
start is to understand the financial landscape by surveying their work force's financial
stresses and priorities, both at home and at work, in
developing a financial wellness strategy. Debt, budgeting or simple financial
literacy could be hampering financial stability—but it’s critical to know which
takes priority in building the plan.
Companies must determine what financial
wellness means for the organization by first deciding how they’d like to
influence their work force. Programs should aim to meet a range of
needs, and benefits teams can consider aligning overall rewards and benefits
programs with employee well-being.
Corporate budgets and resources vary, but the
group recommends the following as critical best practices: implementing
benefits that engage and matter to employees—for example, 401(k) matching
contributions; using smart benefits design, including automated plan
features; segmenting financial solutions and communication, to target employees
at diverse income and financial knowledge levels; and communicating year round
to ensure messages stick.
NEXT: Financial wellness
can have a measurable ROI.
Building a business case is another
key step. A wide body of research concludes that workplace health and wellness programs have saved up to $3 for every $1 spent.
While financial wellness differs from physical wellness, the group recommends
framing the case for financial wellness programs in similar terms, including
decreased absenteeism and increased productivity.
Many plan sponsors assume that it’s
just the high-tech companies or organizations with a lot of money to spend on
benefits that are interested in financial wellness programs, but that’s just
not the case. “There is a business case to be made in every industry,” Benz
says, “because of the productivity and work force management issues.”
An interesting outcome of the day, Benz says, was how hands-on these plan
sponsors were, and the extent to which they wanted to have a role in helping
their employees. “That feels paternalistic,” she admits. But the plan sponsors
said that taking care of their employees is part of being an employer of choice,
since financial wellness programs can be used to address recruiting,
acquisition and retention.
A surprising finding was that some
of the challenges and financial conditions employees experience have little to
do with salary: Some highly compensated employees struggle with finances and
live day to day, Benz says, because of their spending habits.
“We wanted to share emerging best
practices around financial wellness with plans of all sizes so they could start
learning from the lessons of the largest plan sponsors,” Yost says.
Twelve Fortune 500 company reps in
benefits or human resources (HR) took part in a day-long session hosted by SSGA and Benz
Communications to brainstorm ideas to bring financial wellness to the
workplace. The project is slated to reconvene each quarter, by phone or in
person, to monitor progress and continue sharing insights.
The full report with the recommended six best practices from the group, plus a supporting infographic on U.S. financial wellness, is free for download here.