Sanford Heisler files $28 million ERISA suit against Parsons Financial
Sanford Heisler Sharp McKnight has filed a $28 million ERISA representative action against Parsons Financial Corporation in the U.S. District Court for the Eastern District of Virginia. The complaint alleges Parsons violated fiduciary duties by retaining the underperforming Nuveen Dividend Growth Fund in its 401(k) plan since 2012. The fund reportedly underperformed the S&P 500 significantly, costing the plan over $28 million in lost earnings between 2012 and 2025.

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Sanford Heisler Sharp McKnight filed a $28 million complaint in the U.S. District Court for the Eastern District of Virginia against Parsons Financial Corporation and its fiduciaries, alleging violations of the Employee Retirement Income Security Act (ERISA). The lawsuit claims Parsons imprudently retained a poorly performing fund in its 401(k) retirement savings plan for over a decade, resulting in substantial financial losses for plan participants.
The complaint centers on the Nuveen Dividend Growth Fund, which was added to the Parsons retirement savings plan in 2012. According to the filing, the fund consistently underperformed its stated benchmark and experienced significant cash outflows. The plaintiffs argue that the decision to retain the fund indicates a lack of the proper care, skill, and diligence required of plan fiduciaries.
Financial data presented in the complaint highlights the extent of the underperformance. From January 1, 2012, through June 30, 2020, the Nuveen Dividend Growth Fund reportedly underperformed the S&P 500 by over 46%, returning 147.44% compared to the benchmark's 194.20%. This period alone cost the plan approximately $18,200,000 in retirement savings.
The fund's performance allegedly deteriorated further in the subsequent years. From July 1, 2020, to December 31, 2025, the complaint states the Nuveen Dividend Growth Fund lagged behind the S&P 500 by more than 37 percentage points. Consequently, the Parsons plan is alleged to have lost over $28 million in earnings during this timeframe.
| Period | Fund Performance | S&P 500 Performance | Underperformance | Estimated Loss |
|---|---|---|---|---|
| Jan 1, 2012 – Jun 30, 2020 | 147.44% | 194.20% | >46% | $18,200,000 |
| Jul 1, 2020 – Dec 31, 2025 | Not specified | Not specified | >37 percentage points | >$28 million |
Charles Field, Co-Chair of Sanford Heisler Sharp McKnight’s Financial Mismanagement and ERISA Litigation Practice Group and counsel for the plaintiff, criticized the fiduciaries' inaction. "Employees expect their retirement plans to set them up for a successful retirement. Parsons failed the plan by failing to remove the disastrous Nuveen Dividend Growth Fund," Field stated. He added that it is disappointing to see fiduciaries fail to act when faced with objective financial performance data.
Kristi Stahnke McGregor, Of Counsel at Sanford Heisler Sharp McKnight, emphasized the broader impact of the alleged mismanagement. "The harm to the Parsons retirement savings plan is not just about the sheer financial losses, but it’s also about eroding the trust of workers," McGregor said. The lawsuit seeks to recover losses for the plan and its participants.
How will this lawsuit influence other corporations to re-evaluate the prudence of retaining underperforming funds in their 401(k) plans?
What legal precedents could this case set regarding the specific timeline fiduciaries have to remove an underperforming asset once identified?
Will this litigation prompt increased regulatory scrutiny from the Department of Labor regarding the monitoring duties of plan fiduciaries?































