Target-Date Strategy Landscape: 2023 | See Important Disclosures at the end of this report.
Target-Date Legal Battles
Defined-contribution plan sponsors are no strangers to litigation. In recent years, numerous lawsuits
have accused them of using target-date strategies that charge excessive fees. In 2022, there were 82
excessive-fee lawsuits against 401(k) plans. That’s an 86% surge from 2021, but lower than 2020’s
record high of nearly 100, according to mutual fund industry news site Ignites. These lawsuits have
encouraged some plan sponsors to select cheaper target-date series to limit litigation risk, which helped
drive the $54 billion of inflows to the cheapest quintile of target-date mutual funds in 2022.
A new flurry of lawsuits in 2022, however, focused on performance. These lawsuits also cherry-picked a
small peer group to compare results against. Limiting the peer group to only a select few of the best-
performing series sets an unrealistically high bar for sponsors choosing investment options for their
plans. This poses a different set of considerations for plan sponsors trying to mitigate lawsuit risk, which
can potentially lead to performance-chasing and premature swapping out of the target-date strategies.
There are many considerations when assessing a target-date strategy. For example, one of the biggest
differentiators of target-date funds is whether they use a “to” glide path, which stops lowering stock
exposure at the target retirement date, or a “through” glide path, which continues to lower stock
exposure for 10 to 15 years after the retirement date. This decision can significantly impact relative
performance closer to retirement.
Also, past performance is not an accurate indicator of future performance. Today’s target-date funds are
different than the original offerings and tomorrow’s will be different from today's as providers continue
to evolve their strategies. For example, in 2014, BlackRock was one of the first firms to increase its
equity allocation early in the glide path. Its current strategic equity allocation for younger savers, such as
those currently in the 2060 and 2055 funds, is 99%. Similarly, T. Rowe Price Retirement boosted its
equity allocation across its glide path in 2020. As part of the changes, the series’ equity allocation
jumped to 98% at the beginning of the glide path, up from 90%. These changes can dramatically alter a
series’ risk and return profile, making historical comparisons difficult. Also, given the changing
allocations across the glide path, one vintage might outperform its peers while another may lag.
Putting it in a Dollar Perspective
As a case study, we looked at how $10,000 would have grown in the 10 largest series at the end of 2012
over the next 10 years. Though this study does not account for sequencing of returns, it demonstrates
the potential dollar difference an investor could earn depending on which target-date strategy they
select. To emphasize how selecting a narrow peer group with a backward-looking perspective is not best
practice, we chose the 10 largest series at the end of 2012, which are not the same as at the end of
2022, demonstrating how cherry-picked peer groups modify over the years. One of 2012’s top 10 series,
Allspring Target funds, liquidated in 2022, and only four others—T. Rowe Price Retirement, American
Funds Target Date Retirement, Fidelity Freedom, and Fidelity Freedom Index—are still in the top 10
today (when including both mutual fund and CIT assets).