For employees who claimed that their retirement plan was mismanaged, the Wake Forest Medical Center ERISA settlement represents a remarkably successful outcome. A $2 billion 403(b) plan that served tens of thousands of employees and former employees was at the heart of the conflict. The plaintiffs claimed that the fiduciaries permitted exorbitant expenses to covertly erode savings rather than leveraging the plan’s size to bargain for favorable fees and better investment options.
Participants reported paying between $110 and $141 in administrative fees per year, which is incredibly high considering that peers in comparable plans paid closer to $40. Such discrepancies can be especially harmful over years of compounding returns, resulting in smaller account balances upon retirement. Additionally, the lawsuit claimed that some expensive funds were kept in the plan even though there were easily accessible, less expensive options with comparable or superior performance records.
In 2021, Wake Forest made an effort to close the case, claiming the charges were vague. However, the case proceeded because U.S. District Judge William Osteen Jr. deemed the facts convincing enough. This decision reflected a larger trend in the law, where courts are beginning to recognize that market comparisons and fee benchmarking offer a solid foundation for fiduciary breach claims.
Wake Forest ERISA Settlement – Key Information
| Detail | Information |
|---|---|
| Case Title | Garnick, et al. v. Wake Forest University Baptist Medical Center, et al. |
| Case Number | 1:21-CV-00454-WO-JLW (M.D.N.C.) |
| Settlement Amount | $3.8 million |
| Plan Type | 403(b) Retirement Savings Plan |
| Plan Size | $2 billion (approx.) |
| Class Period | June 4, 2015 – February 5, 2024 |
| Participants Affected | About 30,000 |
| Claim Deadline | TBD (after final approval) |
| Settlement Website | https://wakeforestbaptisterisasettlement.com |
| Court Approval Status | Pending final approval |

After extensive discussions, the parties came to a preliminary settlement of $3.8 million. Despite being small in comparison to the scope of the plan, the agreement will directly benefit thousands of participants financially and is anticipated to result in noticeably better oversight procedures. Procedural adjustments that could result in long-term benefits, such as more frequent fee reviews and a readiness to replace underperforming investment options, are probably going to be made in conjunction with the settlement’s approval.
Capozzi Adler PC, a member of the plaintiff’s legal team, has established a reputation for urging big plans to be held more accountable. Their method of comparing peer plans and conducting in-depth cost analyses has been very effective in advancing cases past the point of dismissal. Similar strategies have resulted in sizable settlements in well-known cases involving Cerner, Humana, and LinkedIn, highlighting a nationwide movement to hold fiduciaries to higher standards.
The implications of this case go beyond Wake Forest’s employees, which is what makes it so intriguing. Retirement plan governance has seen significant changes in recent years as a result of an increasing number of lawsuits alleging excessive fees. This settlement serves as further evidence that being vigilant is not only wise, but necessary. Participants in retirement plans are increasingly taking charge of their financial future by opposing expensive or opaque practices, much like public figures like Taylor Swift have pushed for greater control over their intellectual property.
Employees immediately benefit financially, but the plan’s potential for transformation offers a longer-term advantage. Retirement readiness can be further impacted by reduced fees, improved fund selection, and increased transparency. Over decades, even a modest percentage increase in net returns can result in a significant increase in wealth.
Equally significant is the ripple effect on society. With trillions of dollars invested in defined contribution plans across the country, making sure those funds are managed prudently and effectively is crucial for millions of people’s financial security and goes beyond workplace benefits. Such settlements may encourage other workers to take a closer look at their own plans, which could lead to improvements in the industry as a whole.
Affected participants should keep an eye on official updates and get paperwork ready to prove their eligibility while the settlement awaits final court approval. Making timely claims as soon as the process opens will guarantee that each person gets their fair share of the recovery. More significantly, they will join an expanding movement calling for responsibility in the administration of retirement plans.

