“Conflicting Rulings in ERISA Cases Challenging Use of 401(k) Plan Forfeitures Create More Challenges for Plan Design and Administration,” Employee Relations Law Journal

In an article for Employee Relations Law Journal, Partner Joseph Torres and Associate Katherine Funderburg examine how courts have seen a number of new ERISA class actions in which plaintiffs have challenged 401(k) plan sponsors’ use of forfeitures to offset employer matching contributions. The authors discuss two recent rulings in which two district courts in California reached conflicting results on motions to dismiss the claims of plaintiffs pursuing ERISA claims challenging the reallocation of 401(k) plan forfeitures.

“Plan sponsors should consider what, if any, impact these rulings or similar potential challenges may have on their 410(k) plans,” the authors write. “As with most ERISA claims, courts will first consider the language of the plan documents – including whether and to what extent the documents provide that forfeitures can be used to pay plan expenses or reduce employer contributions – in adjudicating further disputes over the use of forfeited employer contributions.”

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

“Conflicting Rulings in ERISA Cases Challenging Use of 401(k) Plan Forfeitures Create More Challenges for Plan Design and Administration,” Employee Relations Law Journal

In an article for Employee Relations Law Journal, Partner Joseph Torres and Associate Katherine Funderburg examine how courts have seen a number of new ERISA class actions in which plaintiffs have challenged 401(k) plan sponsors’ use of forfeitures to offset employer matching contributions. The authors discuss two recent rulings in which two district courts in California reached conflicting results on motions to dismiss the claims of plaintiffs pursuing ERISA claims challenging the reallocation of 401(k) plan forfeitures.

“Plan sponsors should consider what, if any, impact these rulings or similar potential challenges may have on their 410(k) plans,” the authors write. “As with most ERISA claims, courts will first consider the language of the plan documents – including whether and to what extent the documents provide that forfeitures can be used to pay plan expenses or reduce employer contributions – in adjudicating further disputes over the use of forfeited employer contributions.”

Read More

Related Capabilities

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

News and Insights

Event

Associate Steven Arango to Speak at the Veterans' Legal Career Fair

On September 18, Associate Steven Arango will speak on a panel at the Veterans' Legal Career Fair (VLCF), the only legal career fair in the United States dedicated to veterans, active-duty service members, and military spouses.

September 18, 2026

Publications

In American Banker, Partner Laurel Loomis Rimon Weighs in on OCC's Handling of Fintech Bank Charter Applications

Partner Laurel Loomis Rimon spoke with American Banker about how the Office of the Comptroller of the Currency is approaching bank charter applications from fintechs, amid a growing wave of companies seeking charters from federal regulators.

August 18, 2026

Event

Partner David Greenwald to Speak at PLI Program on Privilege and AI

On August 17, David Greenwald will speak at "Fitting New “Tech” Into the Attorney-Client Privilege and Work Product Protection," a virtual program hosted by the Practising Law Institute (PLI).

August 17, 2026