Creative Planning, Transamerica Sued Over Retirement Plan Selections
Finance

Creative Planning, Transamerica Sued Over Retirement Plan Selections

authorBy Lisa Jing
DateAug 14, 2026
Read time4 min

A recent lawsuit has brought to light potential conflicts and missteps in the management of retirement plans, underscoring the complexities and risks involved when wealth management and retirement planning services converge. The ongoing legal battle highlights the critical importance of fiduciary duty and prudent investment selection for the financial well-being of plan participants.

Details of the Retirement Plan Litigation

In a significant legal development, Creative Planning and Transamerica are currently embroiled in a class-action lawsuit. The complaint, initially lodged in a Florida federal court before its recent transfer to Maryland, accuses these firms, serving as fiduciaries for a hospital's retirement plan, of neglecting their essential responsibilities of prudence and loyalty. The lawsuit was initiated by Tamara Goucher, a long-term employee of All Children's Hospital in St. Petersburg, Florida.

Ms. Goucher, who has served the hospital system for approximately three decades, alleges that the retirement plans offered to employees—specifically a 403(b) and a 401(a) plan—were mismanaged. Transamerica Retirement Solutions was responsible for the recordkeeping and administrative services, while Creative Planning acted as an additional advisor for the 403(b) plan. Both entities are named as co-fiduciaries and defendants in the legal proceedings.

The core of the complaint centers on the period between 2015 and 2025, during which, Ms. Goucher claims, the fiduciaries channeled a substantial portion of the plans' assets into a single investment product: the American Century One Choice Target Date Funds. She argues that these funds followed an "unusually flat and bond-heavy" glide path, leading to lower equity exposure for participants than typically seen in comparable plans. Despite the defendants reportedly acknowledging this as a "major detractor" to potential growth, Ms. Goucher contends that they failed to replace these underperforming funds until significantly later, only introducing alternative options in September 2025.

Furthermore, Ms. Goucher asserts that the fiduciaries "doubled down" on this unconventional investment choice for over a decade before eventually transitioning to a BlackRock Target Date Fund. Evidence presented in the suit suggests that at the outset of the class period, the American Century TDF's 10-year returns lagged behind the five most popular TDF options from industry leaders such as T. Rowe Price, Vanguard, Fidelity, American Funds, and BlackRock. By 2020 and 2021, any reasonable fiduciary, according to Ms. Goucher, should have recognized the American Century funds' underperformance, a view reinforced by contemporary Morningstar reports that allegedly assigned sub-par ratings to these options.

Adding another layer to the allegations, the defendants purportedly designated the American Century TDFs as the 403(b) plan's qualified default investment alternative. This meant employees who did not actively select investments were automatically enrolled in these funds, thereby imposing a heightened duty on fiduciaries to choose an appropriate TDF option for this crucial role. Additionally, Ms. Goucher claimed that more expensive share classes of various funds were chosen over more affordable alternatives, a practice she described as "typically imprudent" due to the lost investment opportunity for participants.

In response to inquiries, Creative Planning did not provide a comment, and Transamerica declined to comment, citing its policy regarding pending litigation. Fred Barstein, CEO of The Retirement Adviser and Plan Sponsor Universities, expressed skepticism about the suit's success, suggesting that American Century's performance could be seen as conservative rather than flawed, especially in a booming market.

This case is not isolated; it is part of a growing trend of similar lawsuits targeting fiduciaries who favored American Century TDFs. The National Association of Plan Advisers has noted recent complaints against various employers, including Ivanti, Sig Sauer, and KE Dunn Construction, mirroring the arguments in Ms. Goucher's suit. Notably, Creative Planning has significantly expanded its retirement assets and services through acquisitions, including the 2022 acquisition of Lockton's defined contribution practice and the 2025 acquisition of SageView Advisory Group, which brought in substantial retirement plan assets and expertise.

Bonnie Treichel, founder of Endeavor Retirement, believes that these acquisitions could help Creative Planning better navigate the intricate regulatory landscape of the retirement space. However, she cautions that the convergence of wealth and retirement services introduces significant risks for wealth-focused firms, particularly due to the stringent personal liability standards under the Employee Retirement Income Security Act, which differ from typical RIA or brokerage standards. Treichel also points out that the proliferation of such class-action cases is partly fueled by the public availability of retirement plan data mandated by ERISA, making it easier for plaintiffs to identify potential damages and pursue legal action, often involving substantial financial stakes.

This ongoing litigation serves as a stark reminder for financial institutions and plan fiduciaries of the profound responsibilities they bear in managing retirement assets. The outcome of this case, and others like it, will undoubtedly shape future practices and regulations within the wealth and retirement planning sectors, emphasizing the need for meticulous due diligence, transparent investment strategies, and an unwavering commitment to the best interests of plan participants.

More Articles
Finance
Vornado Realty Trust: Strong Occupancy, Undervalued Potential
Vornado Realty Trust (VNO), a prominent Manhattan office REIT, is demonstrating robust recovery and growth. Its New York office occupancy reached 92.2% in the second quarter, a significant year-over-year increase of 550 basis points, with projections to surpass 93% by the end of fiscal year 2026. This positive trend, coupled with favorable leasing spreads and revenue growth, indicates a promising outlook for the company, especially given its current undervaluation compared to its peers.
By Strive MasiyiwaAug 14, 2026
Finance
Meta's Strategic Evolution: Navigating Growth Amidst Investment
Meta Platforms (META) faces investor scrutiny over increased capital expenditure and squeezed margins, despite strong revenue growth and emerging monetization opportunities. The company's future growth engines, particularly WhatsApp's rising revenue and AI-driven advertising tools, are currently undervalued by the market. Strategic data center joint ventures also introduce a blend of significant upside potential and inherent risks, requiring long-term investor patience for these foundational investments to yield substantial returns.
By Michele FerreroAug 14, 2026
Finance
Navigating REITs: Digital Infrastructure for Growth, Income for Stability
This article outlines a strategic approach to real estate investment trusts (REITs) in a market shaped by high interest rates and AI-driven shifts. It suggests that traditional REITs may lag, while digital infrastructure ETFs (like IDGT, DTCR) offer growth due to AI demand. The strategy involves tactical allocation to growth-focused digital REITs, realizing capital gains, and then reallocating to high-income, tax-efficient options (like IYRI). Active management, separating growth and income, is key for optimizing returns.
By Michele FerreroAug 14, 2026
Finance
SEIV ETF: A Strong Buy for Value Investors
The SEI Enhanced US Large Cap Value ETF (SEIV) has received a 'buy' rating, attributed to its sophisticated multi-factor investment strategy and its impressive track record of outperforming competitors. The ETF presents an appealing investment opportunity for growth at a reasonable price (GARP) investors, boasting a forward price-to-earnings (P/E) ratio of 11.01x and an anticipated 12.26% earnings per share (EPS) growth in the coming year. While there are some concerns regarding the acceleration of EPS growth, the overall financial health of SEIV is robust, positioning it as a complementary asset to existing large-cap value ETFs.
By Fareed ZakariaAug 14, 2026
Finance
Affiliated Managers Group's Small Cap Growth Fund Q2 2026 Performance Analysis
The Small Cap Growth Fund managed by Affiliated Managers Group experienced a 24% return in Q2 2026, slightly lagging behind the Russell 2000® Growth Index's 26%. This underperformance was primarily attributed to the benchmark's strong showing in higher-beta and AI-infrastructure-related sectors. Despite these challenges, Information Technology and Materials sectors positively contributed to the fund's relative returns, while Health Care, Financials, and Energy sectors were deterrents.
By Morgan HouselAug 14, 2026