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Monday, October 5, 2026

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Supreme Court · Monday, October 5, 2026

On Tuesday, workers must say what a lagging retirement plan should have done

The File desk · Oct 5, 2026, 10:38 AM UTC

Status

Confirmed as scheduled (question presented and docket, No. 25-498)

On Tuesday the Supreme Court hears Intel employees who say the managers of their retirement plan picked investments that underperformed. The question is what those workers must claim to get past the first stage of the case. Must they point to a “meaningful benchmark,” a comparable fund that did better?

The case is Anderson v. Intel Corp. Investment Policy Committee, No. 25-498. Argument is Tuesday, Oct. 6. It comes from the U.S. Court of Appeals for the Ninth Circuit, No. 22-16268, decided May 22, 2025. The Supreme Court agreed to hear it on Jan. 16, 2026.

The question presented says the claim “requires alleging a ‘meaningful benchmark.’” The law in the case is the

. Its duty of prudence, , tells the people who run a plan to invest with the care a careful, knowledgeable person would use.

On Aug. 17 the Court let the solicitor general share argument time. The pages this desk read do not say which side the government supports, how far the investments lagged, or whether these are 401(k) plans.

What is still unknown or disputed

Primary sources

Every claim in this story is drawn from the documents below. If a fetch failed, that is recorded on the card.

  1. Source 1

    Question presented, No. 25-498

    Supreme Court of the United States · January 16, 2026

    requires alleging a “meaningful benchmark.”

    https://www.supremecourt.gov/qp/25-00498qp.pdf

  2. Source 2

    Docket No. 25-498

    Supreme Court of the United States · October 5, 2026

    SET FOR ARGUMENT on Tuesday, October 6, 2026.

    https://www.supremecourt.gov/docket/docketfiles/html/public/25-498.html