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A putative class action filed on Monday in federal court in New York accuses
The complaint alleges the system was secretly designed to direct retirement savers into TIAA's two most-lucrative products: the TIAA Traditional Annuity and the TIAA Real Estate Account. Retirement Advisor Field View system, according to the suit, was coded to place the TIAA Traditional Annuity in six out of seven recommended retirement plans, regardless of an individual customer's needs and goals. And the TIAA Real Estate Account, an annuity product built in real estate investments, was given an 8% to 9% allocation in every saver's plan, according to the suit.
The suit alleges that the scheme arose after TIAA realized nearly a decade ago "that its share of the market for retirement plan services was eroding, that demographic trends would soon lead to a steep drop in revenues, and that its flagship product, the TIAA Traditional Annuity, was experiencing negative net asset flows."
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Many of the abuses, according to the suit, stem from TIAA's position as a recordkeeper for retirement plans. Since 2023, the complaint alleges, TIAA has directed its financial consultants to reach out to roughly 655,000 savers whose investment portfolios were deemed "underweight" in the firm's annuity products. The suit said those consultants' annual bonuses were tied to their ability to persuade clients to invest in the TIAA Traditional Annuity or TIAA Real Estate Account.
A spokesperson for TIAA said the suit is without merit and said the firm plans to defend itself "vigorously." He said that TIAA stands by its Retirement Advisor Field View system, which only recommends products selected by sponsors of employer-provided retirement plans.
"TIAA representatives are required to adhere to the tool's recommendation and are trained on this," the spokesperson said in an email. "Additionally, we take our regulatory compliance and disclosure obligations very seriously and provide clients required disclosures around fees and conflicts of interests."
A Morningstar spokesperson said the firm doesn't comment on ongoing litigation.
The suit comes amid protracted and heated debate over a
It also requires that retirement recommendations avoid investments carrying excessive charges. That provision has been of particular concern to providers of annuities, whose sales can generate hefty commissions for insurance companies.
Despite their sometimes high costs, annuities have become popular among retirees in recent years in large part because of the guaranteed income streams they offer retirees. The value of annuity sales
Even before the adoption of the DOL's new rule, retirement advisors were already under a fiduciary obligation to always look out for savers' interests in many cases. But the Employee Retirement Income Security Act of 1974 contains an exemption for "one-time advice."
That allowed retirement advisors to claim to not be fiduciaries when they were recommending one-time purchases of annuity products or 401(k) rollovers.
"It would have applied fiduciary duties and, ideally, would have eliminated this or substantially reduced the harm and protected retirement savers," he said.
Hugh Berkson, a partner at Cleveland-based McCarthy Lebit Crystal & Liffman and another former president of the Public Investors Advocate Bar Association, said the scheme that TIAA and Morningstar are accused of running is certainly more complicated than the one-off sales dealt with in the new DOL rule.
"It's more aimed at the schmo who is out there convincing retirees to turn over their 401(k)s and take the money and invest it in illiquid insurance products like fixed annuities," he said. "Although it's broad enough, it would cover both situations."
The suit against TIAA and Morningstar alleges the firms violated that fiduciary duty by not adequately disclosing their conflicts of interest and the fees they would generate from recommending certain products.
It further accuses the firms of committing prohibited transactions and of receiving ill-gotten profits. Among other things, the plaintiffs are seeking the restoration of "all losses resulting from each breach of fiduciary duty and to otherwise restore the plans to the position they would have occupied but for the breaches of fiduciary duty."
This isn't the first time TIAA has been faced with similar accusations. In 2021, the firm's TIAA-CREF Individual & Institutional Services
And in February, it agreed to