Construction Laborers Pension Plan Sues Investment Manager for ERISA Breach


. By Anne Wallace

Managers hid disastrous performance

On September 15, the Construction Laborers Pension Plan for Southern California and the Board of Trustees for that fund filed an ERISA lawsuit against Meketa Investment Group and Judy Chambers. The lawsuit alleges that Meketa breached its fiduciary duty to the Pension Fund by advising it to invest $30 million in participants’ retirement savings in a California-focused Infrastructure Fund to be managed by Onset General Partner, LLC. Onset was a hastily formed company with ties to Chambers. Meketa then essentially abandoned its fiduciary and contractual duties to review and monitor Onset’s investment program.

When its investment decisions proved to be disastrous, Onset misrepresented the value and performance of the assets under its management. By 2021, Onset represented to the Pension Fund that the Infrastructure Fund had a value of almost $55 million, far more than the true value of roughly $12.275 million. Meketa had relied on Onset’s valuation without further investigation.

ERISA fiduciary duties and delegation


ERISA Section 404 holds plan fiduciaries responsible for running retirement plans solely in the interest of participants and beneficiaries and for the exclusive purpose of providing benefits and paying plan expenses. Fiduciaries are held to what is known as the “prudent expert” standard. This presents a quandary, however, for many in-house boards and management committees who do not have sufficient expertise to direct plan investments.

The solution for the first tier of plan fiduciaries is to hire investment advisors and managers to make these decisions and to shoulder most of the legal liability. The second tier of advisors and managers may, in turn, hire their own experts, delegating tasks and fiduciary responsibility still further.

At each level of delegation, however, some residual fiduciary liability generally stays with the delegator. Legal liability is notoriously sticky. What sticks is the requirement to oversee the hired expert’s performance, including fees and investment returns.

The allegations


The heart of the matter in this ERISA lawsuit is the allegation that Meketa breached its fiduciary duties to the Pension Fund by failing to keep its eyes on Onset. The specific allegations against Meketa include:  

Implications for future ERISA breach of fiduciary duty lawsuits


The case underscores the importance of investment advisors adhering to their fiduciary duties. Advisors are expected to act in the best interests of their clients, making well-informed investment decisions, conducting thorough due diligence, and providing transparent fee information. Pension fund sponsors and participants are becoming more vigilant in scrutinizing investment choices. They are increasingly demanding transparency and cost-efficiency, which is likely to result in greater pressure on investment advisors to select investments that align with their clients' best interests.

The ruling in this lawsuit could also set a legal precedent for similar cases in the future, serving as a benchmark for determining whether investment advisors have met their fiduciary obligations under ERISA. The case may lead to changes in regulatory requirements and standards for investment advisors, particularly those who manage retirement plans.


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