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Workers Cleared To Sue Over Pension Funds They Didn't Buy

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By Beverly Banks (October 5, 2021, 7:34 PM EDT) — A Massachusetts federal judge has ruled workers for a health care company can pursue federal benefits law claims over the alleged mismanagement of retirement funds those workers didn’t sink their own savings into.

U.S. District Judge Mark G. Mastroianni rejected Berkshire Health Systems Management Services’ bid to knock out Employee Retirement Income Security Act claims from two workers who took issue with the fees and returns of funds they hadn’t invested in, ruling Friday that the employees had properly claimed their retirement plan had been hurt.

“Plaintiffs allege that the plan was financially harmed by excessive fees and poor investment returns;…