Thread regarding TIAA (TIAA-CREF) layoffs

AARP enters the chat

Two former TIAA employees yesterday filed an amended complaint claiming the company violated the Employee Retirement Income Security Act by investing more than 28,000 plan participants’ retirement funds in a proprietary in-house fund that has failed to meet its market benchmark since 2009. Attorneys from the AARP Foundation then joined the complaint as co-counsel “on behalf of older adults enrolled in retirement plans offered by TIAA” to its plan participants, according to a statement from AARP.

The original complaint, filed on May 20 by former TIAA employee Bryan Byrne, alleged TIAA breached its fiduciary duties under ERISA by opting for high-cost investment options in the plan’s investment menu, despite cheaper alternatives, and by not removing its underperforming CREF Growth Fund from the plan. The complaint and the amended complaint are pending in U.S. District Court for the Southern District of New York.
The amended complaint adds two new plaintiffs, Charles David Sullivan and Sarah Johnson, both former TIAA employees. The plaintiffs are seeking class action status on behalf of all participants in and beneficiaries of plans that invested in the two affected fund classes: R3 share classes, starting September 16, 2022, and the growth fund class generally, starting May 20, 2019.

The complaint also alleges that plan participants were charged millions of dollars more than TIAA’s institutional clients in higher investment fees, while TIAA profited from fee income.

“By shaving five, ten, and even fifteen basis points in higher fees from the R3 class assets from around September 16, 2022, and onward, … defendants quietly pocketed millions of dollars for themselves,” the complaint states.

The suit seeks to recover the losses to participants’ retirement savings caused by the alleged breaches.

“When companies mismanage retirement assets and seek to maximize their own profit by charging exorbitant fees, they jeopardize the retirement security of older adults, particularly harming low-and moderate-income workers,” said William Alvarado Rivera, senior vice president of litigation for the AARP Foundation, in a statement. “AARP Foundation is fighting to ensure TIAA participants get the retirement income they’ve earned—and the dignity they deserve.”

A TIAA spokesperson responded to an email from PLANSPONSOR by saying, “TIAA believes the lawsuit is without merit. The company provides its employees and participants with quality products and services that deliver strong long-term performance at competitive costs. Our mission remains focused on helping those we serve, including our own employees, achieve a financially secure retirement.”

TIAA, its board of trustees and its investment advisory review committee are represented by Goodwin Procter LLP. The AARP is represented by Sanford Heisler Sharp McKnight.


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| 3411 views | | 15 replies (last September 10) | Reply
Post ID: @OP+1k4bg2njr

15 replies (most recent on top)

@za TIAA shucks and jives and bobs and weaves over the years about providing correct info. The products and restrictions on them were so complex and convoluted you had these young untrained reps who didn't know left from right, right from wrong, nor Tiaa from the g-a-yer CREF. It isn't surprising no one truly knows what the restrictions are and how to access funds and what to access. Another Lawsuit waiting to happen on Big T's Rolex Watch.

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Post ID: @127+1k4bg2njr

@z9 I called the NCC and this is exactly what they told me so either I have a “dolt” that shouldn’t be allowed to communicate with participants/associates, or I can in fact do what I said I can do.

Either way, it’s more concerning that what you know versus what I was told are completely different outcomes and once again proves that HOW this place communicates plan information a suspect.

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Post ID: @za+1k4bg2njr

@yt You should check with HR or call the call center employee line. The 7% you can take out starting at age 55 is 7% of each year's CREF balance (not TIAA Traditional). So, it never pays you out in full. As far as RMD, at 73, it only pays out the required minimum balance each year. It also never pays you out in full. You cannot take all of the Retirement plan funds out when you reach RMD age. If you can get it below $7,000, you might be able to take it as Lump Sum. Most employees, with any decent tenure, won't have it that low. If you don't believe any of the above, check the plan rules, HR, or the call center.

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Post ID: @z9+1k4bg2njr

@yb that’s NOT the case. Maybe you should do some add’l research. As a separated employee, I can start to withdraw 7% of my account balance starting at age 55. Then when I reach RMD age, I can take all of the money out if I want (paying taxes).

I refused to put any of my 401k or retirement account into TIAA Traditional and manage the investment mix on my own.

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Post ID: @yt+1k4bg2njr

@tk You can always ask questions and do research. The funds in the Retirement Plan are 100% employer-contributed. The employer has the right to direct the terms of withdrawal. In this case, the only way you'll ever get all of your funds out of that specific plan is to do a lifetime annuity, and live to your life expectancy. The funds in your 401k are fully cashable upon separation of employment.

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Post ID: @yb+1k4bg2njr

@r0 how would I know any of that as a candidate for a role at TIAA?

This place purposefully obfuscates the truth of until it’s took late, and these lawsuits tend to support that assertion.

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Post ID: @tk+1k4bg2njr

@p9 So many participants I met with over the years had absolutely no clue their RA or GRA Traditional money was locked up. Now granted, maybe all of them are liars but I got to believe most probably didn't know until after the fact before it was too late. The 9 year payout always hits them like a surprise but maybe these professors don't research what their investing in. This Traditional money that is tied up could be a massive class action suit.

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Post ID: @r2+1k4bg2njr

@p9 You could have called the NCC to discuss your employee accounts...no excuse for not knowing your retirement plan options when you work for a retirement company. It is not up to HR to educate you...all the resources is on the website or call the NCC.

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Post ID: @r0+1k4bg2njr

@f6 Naw....it will not happen...I have been with TIAA for many years and there have been class action suits regarding the TIAA Trad restrictions and you can not win.

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Post ID: @qz+1k4bg2njr

@f6 not necessarily related to the lawsuit (at least not directly) but I recently left the company and was told that I can only start withdrawing monies from my retirement account when I hit 55 years of age and even then it’s limited to 7% annually until I reach RMD age in my 70’s. I plan to start rolling over those monies into an IRA the minute I can (almost two decades from now!)

When I joined TIAA, the retirement contribution was pretty much glossed over and HR could/would not give me any direct answers when I inquired.

Hopefully this place stays solvent enough until then but those of you joining or recently joined, take that into your calculus when deciding your long-term prospects of this place and your career goals.

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Post ID: @p9+1k4bg2njr

The next lawsuit is going to be the lawyers going after the TIAA Traditional in the RA and GRA contracts. So many people had no idea that their employer monies were locked up for 9 plus years and couldn't take it as a lump sum. If the lawyers ever file a class action on that, TIAA is absolutely f#u#c#k#e#d

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Post ID: @f6+1k4bg2njr

@OP It's not AARP, per se, but the lawyers. The lawyers are the only people that benefit from these class action suites. It is a shell game and a charade game with the insurance companies and liberal judges that allow this bull-Shi*t to move forward.

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Post ID: @dh+1k4bg2njr

https://www.plansponsor.com/aarp-joins-suit-against-tiaa-alleging-mismanagement-of-retirement-funds/

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Post ID: @aw+1k4bg2njr

Of course the company spokesperson is going to say the lawsuit is without merit. How many breach of fiduciary duty lawsuits is this now? I don't see how the bootlickers can continue to blindly opine about TIAA's superior products and how it cares for participants/employees. The demise of this company continues to accelerate. Where there's smoke there's fire.

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Post ID: @aj+1k4bg2njr

@OP The $18M CEO of TIAA is really racking up the lawsuits just like she did back at Chase. The lawyers are the only ones who truly benefit from these lawsuits and the CEO as the Board will probably give her another raise.

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Post ID: @ae+1k4bg2njr

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