Paying expenses for the cost of operating a defined contribution plan may not seem like a big deal,but McKinley was tired of the expenses he had been paying.His employer,Premium Products had a defined contribution plan and had hired a third part to operate the plan and to overseemaintaining plan records, tracking participant account balances and investment elections,transaction processing, call center support, participant communications, and trust and custody services.

McKinley, who had worked for other employers who had similarretirement plans knew that Premium Products used a record keeper who was more expensive than other record keepers and who didn't always monitor the investment opportunities to see whether different options existed.

McKinley, who thought too much of his retirement money was going for expenses sued his employer Premium Products for ERISA violations.

Will McKinley be successful in his lawsuit?Why or why not?