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Brian Byrne’s Fight Against Injustice

He leads a class action suit for retirement plan participants.


Brian Byrne

Brian Byrne’s story is one of determination, family responsibility, and the courage to advocate for fairness in the face of powerful institutions. His role as lead plaintiff in a class action lawsuit against a major financial services organization is rooted in a lifetime of hard work and a commitment to standing up for what’s right.

Brian enlisted in the United States Navy after graduating from high school. His deployments took him across the world in his years of service. He ultimately settled back in Colorado, the place he considers home, and he embarked on a career in financial services. In 2007, he joined TIAA (the Teachers Insurance and Annuity Association of America), which provides retirement plans and investment products, primarily serving employees in academic, research, medical and cultural fields. Founded by Andrew Carnegie over a century ago, TIAA built its reputation on trust and sound management, promising to safeguard the retirement savings of educators, research institutions, nonprofit workers and others committed to service-oriented careers.

A Career and Caregiving

It was a good fit for Brian, who also faces a major life challenge. One of his children was born with CHARGE Syndrome, a rare congenital disorder that affects his son’s sight, hearing and his heart among other challenges. As his son’s primary caregiver, Brian understood the importance of steady work and financial security, not just for himself but for the future he hoped to provide for his child.

Brian left TIAA in 2015 as a casualty of mass layoffs and became a full-time caregiver for his son. “I found that being a stay-at-home dad suits me quite well,” he notes. He later returned to the organization in 2021 for about a year and a half. Today, he has taken on the caregiving role permanently. Throughout these transitions, he was reassured that his financial assets were in good hands.

“I had always been really confident in TIAA and happy with TIAA as an organization, and it was my plan to leave all of the retirement money that I had earned and accrued while working there, which cumulatively was just over a 10-year period. I wanted to leave that with TIAA,” he recalls.

Discovering Wrongful Charges and Mismanagement

But Brian’s trust in TIAA did not last. While comparing TIAA’s performance with his other retirement accounts, he noticed a material deviation of the CREF Growth Fund performance from its benchmark. He also noticed that he was part of a group of former and current TIAA employees who were paying unfairly higher fees. TIAA wasn’t just underperforming and overcharging; there were legitimate violations of ERISA, the Employee Retirement Income Security Act of 1974. Effectively, the organization Brian worked for and trusted his own retirement with was failing to fulfill its fiduciary duties.

His responsibilities as a family caregiver weighed on Brian. He knew that every dollar set aside for retirement was a lifeline: for health care and housing for the security of loved ones. To Brian, the idea that employees were being charged more than the public in the CREF funds and that the growth fund’s underperformance for a decade was not being addressed by TIAA — at the expense of employees and other retirees — was not just a financial issue; it was a moral one. He could not remain silent while others were harmed.

Taking Action

Brian contacted Sanford Heisler Sharp McKnight, a top employee rights firm with expertise in ERISA. The firm concurred with breaches of fiduciary duty and was well equipped to move forward. Brian became the lead plaintiff in a class action lawsuit against TIAA, lending his voice and experience to a cause that stretched far beyond his own household. He is now represented in that case by attorneys at AARP Foundation and their co-counsel Sanford Heisler Sharp McKnight. The lawsuit focuses on excessive fees levied without transparency or justification — and on systemic mismanagement of the CREF Growth Funds that so many, like Brian, depended on for their futures.

His motivation is clear: “I want TIAA held accountable,” Brian says. “People who trust them with their retirement deserve clear answers and solid practices, not confusion and loss.” For Brian, this is not just a legal battle, but a campaign to restore trust in a system that millions depend on. In Brian’s words, “Overcharging employees on retirement ... is not what Andrew Carnegie set out to do” when he founded TIAA. Brian hopes that his class action lawsuit may serve as a compass and help TIAA get back on track with its noble mission. 

As the case moves forward, Brian continues to balance the demands of work, advocacy  and raising his children. His journey is a testament to what ordinary people can accomplish when they refuse to accept injustice — and a reminder that the fight for fairness often begins at home.

Learn more about AARP Foundation Litigation and its work to give older people a voice in the nation’s courts.

Read more stories about how our programs have helped people find hope, and about the volunteers who give so much of themselves to help others. 

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