Supreme Court oral arguments suggest Intel 401(k) case will require strict performance benchmarks
The U.S. Supreme Court heard oral arguments in Anderson v. Intel Corp. Investment Policy Committee on October 6, 2026, focusing on whether retirement plan underperformance claims require a 'meaningful benchmark.' Justices appeared skeptical of allowing lawsuits based solely on low returns without comparing similar investment strategies. Legal experts predict the Court will side with Intel, potentially affirming the Ninth Circuit’s ruling. This decision is expected to influence the Department of Labor’s upcoming rules on alternative investments in 401(k) plans, which have faced shifting regulatory policies since 2020. While the case does not ban private funds, it may set a higher legal standard for proving fiduciary imprudence, affecting how employers approach private market investments in retirement plans.
