Migliaccio & Rathod LLP is investigating whether certain private-sector employers failed to issue automatic enrollment for eligible employees in retirement plans that were required to use automatic enrollment.
Recent changes in federal retirement law generally require certain newer 401(k) and 403(b) plans to automatically enroll eligible employees beginning in 2025, subject to important exceptions.
We are investigating situations in which an employer’s retirement plan was subject to the new requirement but eligible employees were never automatically enrolled, potentially causing them to miss employer matching contributions and investment gains.
You May Be Affected If:
- You work or worked for a private-sector employer offering a 401(k) or 403(b) plan;
- The retirement plan was established relatively recently;
- You became eligible to participate in 2025 or later;
- You never affirmatively opted out of retirement-plan participation;
- Your employer nevertheless did not automatically begin deducting retirement contributions from your paycheck;
- You missed employer matching contributions as a result; or
- You later discovered that you should have been enrolled but no retirement contributions had been made for you.
There are important exceptions to the new automatic-enrollment requirement, including exceptions potentially applicable to older plans and certain small or newer employers. We can determine whether your employer’s plan was subject to the requirement.
Why This Matters
Missing automatic enrollment can cost employees more than just the amount that would have come out of each paycheck.
Potential losses may include:
- missed employee retirement contributions;
- lost employer matching contributions;
- lost investment growth;
- delays in building retirement savings; and
- additional complications if the error continued for months or years.
The key issue is whether the particular plan was actually subject to the federal automatic-enrollment requirement.
Does This Apply to Your Retirement Plan?
This investigation generally concerns ERISA-covered private-sector retirement plans.
If your 401(k) or 403(b) is provided through a private-sector employer, it may qualify. Government retirement plans and certain church plans generally are not covered by ERISA.
If you are unsure, documents from your employer or retirement recordkeeper—such as Fidelity, Vanguard, Empower, Principal, or another provider—may allow us to determine whether your plan qualifies.
We Are Interested in Hearing From Employees Who:
- became eligible for a newer 401(k) or 403(b) plan in 2025 or later;
- were never automatically enrolled;
- did not affirmatively opt out;
- missed employer matching contributions;
- discovered later that contributions should have begun automatically;
- have payroll records showing no deductions;
- have enrollment notices, plan materials, or recordkeeper statements; or
- believe the error caused them to lose retirement savings or investment gains.
If you believe your employer failed to automatically enroll you in a retirement plan that was subject to the new federal requirement, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or call us at (202) 470-3520.