d: apple, we can show that as well. apple was down 2 1/2% it is still record highs. still has a market cap of about $750 billion. liz: we'll do it all over again tomorrow but for now "the willis report." >> hello everybody i'm gerri willis and this is "the willis report," the show where consumers are our business the supreme court hints it may side with investors in a landmark lawsuit over retirement accounts. >> if everybody has to serve the customer's best interests everybody wins. >> the lead attorney arguing the case before the justices is here. lawmakers push new legislation on equal pay. the move is inspired by this. >> it is our time to have wage equality once and for all and equal rights for women in the united states of america! [cheers and applause] >> we'll investigate the real reason for the pay gap and if any law can fix it. the uproar over the new secretary of the va lying about his military record.

he says sorry. >> i apologized to those who may have been offended by my misstatement. gerri: but does he still have the support of our veterans? also, the teacher not just changing lives but literally saving one too. donating a kidney for one of her students. >> so many people came forward, trying to help him and i'm the one that gets to do it. i feel very lucky. >> first grade teacher, lindsey painter will be here. one of the most comprehensive studies "consumer reports" has ever done on new cars. the report will be on newsstands next week but you can see it here tonight. all that and more, coming up on "the willis report," where consumers are our business. ♪ america's highest court is signaling it may side with 401(k) investors in a major lawsuit. we've been following this class-action suit claiming edison international didn't act in employees best interests by

picking 401(k) funds. joining me the lawyer for the workers. welcome to the show. great to have you here. we've been following this case for some time. tell me why are you suing on behalf of 401(k) investors? what did edison do wrong? >> edison has a $3 billion plan gerri, and a $3 billion plan can command very low fees for its employees and retirees. instead edison had retail fees offered in their plan meaning that employees and retirees were paying almost 50% more than they should have been paying. warren buffett doesn't pay retail. neither should an employee after large 401(k) plan. gerri: do you have any idea what this would have cost workers overtime? >> yeah the department of labor says a 1% difference in fees over a career make as 28% difference in the retirement assets a person has at the end of their career. for an average salary, that is

$70,000, 1% difference in fees. that is a big amount of money. gerri: pardon me me you sued edison on behalf of 401(k) investors but doesn't edison hire a plan administrator to advise them how to set inthe 401(k)? isn't that the entity really doing the bad stuff here? >> no. the employer as the plan sponsor, gerri retains the fiduciary responsibility to make sure that any advisors are giving them goo advice and that fees are reasonable. and it is our con tension they didn't that here when offering retail high-priced fees. all it took was a mean call they could haved much lower rates. gerri: for their part, people on the other side of the table from you in these lawsuits they basically say, how can we keep up with that? fees change every day. they're always changes. it is difficult to take, you know to make sure you always have the lowest cost product. what do you say to that?

>> it is very simple to see whether or not there is institutional share class for any mutual fund. it takes about 20 seconds to look at a chart. you have identical investments identical manager, everything identical except fees. that's not hard. i don't believe they understand that. gerri: some say share classes. some share classes charge you a ton of dough and some don't charge you much at all. let me ask you this because "the wall street journal" had a story. you offered your arguments in front of the supreme court yesterday. journal surmising that the court may rule in your favor. do you think you will be successful here? >> we do. we're very pleased that the justices understood the issues. frankly, gerri are understood the importance of this for american workers and retirees going forward. the 401(k) plan is now america's retirement system. and the risk is on employees. so we think, we feel very good about the case. and feel very good about the supreme court understanding its

importance. gerri: i have to ask you before you go jerry, you're getting something like 30% cut of any resolution of this case that edison pays out? >> no. that would have -- gerri: what journal has been reporting. >> well, the journal the fact is that the court has to approve any fee. and independent -- gerri: you have taken cuts before though right? >> you say cuts -- gerri: you get paid for your work. >> if we win, we do. we carried this kate through eight 1/2 years, tens of thousands of attorney hours. and -- gerri: all right. >> million dollars plus in expenses for expert witnesses. >> i guess the point i'm trying to get to is this, wouldn't money be better spent by companies doing the right thing making sure they're cheapest share classes best products the lowest costs to their 401(k) holders? why can't the standard change nationally so that everybody does it? >> that is the standard.

we're simply trying to enforce that standard because it hasn't happened here. gerri: gerri, thank you. pleasure talking to you. thanks for coming on the show. >> thank you, gerri. gerri: now we want to know what you think. here is our question tonight. do you know what 401(k) fees you're paying? have any idea? most people don't. log on to gerriwillis.com to vote. i will share the results at the end of tonight's show. well, that supreme court case we talked about and white house push to insure brokers are working in their client best interests might have you wondering about your financial visor and if they're doing their job. when should you fire your financial advisor and how should you figure that out? with us ed butowsky, managing director of chatwood investments and veronica daguerre from the "wall street journal" welcome to you both. veronica, i will start with you, why do people typically want to switch? why do they want to leave their fa? >> also because that person doesn't call them back. that is one of the big reasons. they don't feel like they're communicating. a few other reasons as well.

they might like the person and see that person is giving them same generic advice they could get by doing a google search. what am i paying for if i can do this myself? gerri: i have to bring you in here ed. reality a lot of us feel like, my savings are not doing as well as market. what's wrong? but the devil is in the details right, ed? my entire portfolio will not always get stock market returns because it is not always in stocks. do you think people overlook details here? >> a lot of advisors dumb things down to get through meeting. in reality when i look my client in the eye, do you know what rate of return you need so you don't lose purchasing power based on what you do in your life-style? if an advisor doesn't ask anyone that question. if your advisor hasn't asked that question, time to look somewhere else. they're a boat floating around ocean of investing not going where it is going. gerri: my guess you have to help them come to the number.

>> we do. gerri: not everybody will be able to answer that. >> we do that. gerri: veronica, you want to unload your fa, shouldn't you do some due diligence? shouldn't you do this in prespecific way and not jump the gun? >> you don't want to jump gun because you didn't beat the market for one year is not a good reason. if they're not calling you back or not paying attention to you in meetings talking to your spouse and not to you, that is a reason to fire them. that said you want to make sure well you can take your money away from them but you also want to do due diligence how might want to go next. that process is started so you're not missing out on market returns in the meantime. gerri: ed, to you, i know you know a lot about making the switch. how do you do it and make sure that you are disentertaining gelled, that you have no ties? >> sure i want to say 55% of the people switch brokers not because of investments but because of service in the industry. let's keep that in mind.

what you do, send an email send an email and copy the branch manager saying please stop all transactions if you're doing any. i'm moving my account. make sure the compliance manager in that office knows it as well. this way everybody knows pause the broker is really registered representative of that firm. you need to report to the people that are employed at that firm on corporate level. make sure they know that. gerri: i think that's a great idea. veronica, to you. red flag i'm hiring another financial advisor. what kind of things should i look for or avoid? >> figure out what kind of advisor you want. do you want someone to do a financial plan for you? you might hire an hourly financial planner. if you want trading look for broker. go on to finra's website do a broker check. gerri: finra,. >> finra.org. you can do a broker check. check out history if there are any violations. if you need advisor, get referrals from accountant or

lawyer. get leim names. gerri: not your your brother-in-law. >> you can do that ask them about investment philosophy. ask if clients like you. you don't want to be smallest client at firm with other big clients. ask them what their plan for you is. how long will you chat with them. >> i love that ed. that broker check on finra doesn't include everything. it is not a per speck solution for folks out there. there is a lot of things that get missed, right? >> there are many things that get missed. a lot of things you need to know about somebody. there are great brokers with ding on that record. doesn't mean they're a bad broker. on flip side you need to make sure you're aligned with goals of that individual. you need to ask the right questions. how do you ask the right questions? you have to learn that about yourself what you really want to accomplish with this relationship. i agree. you need to make sure somebody calls you back. i had a client call me twice twice.

i forgot to call them back. please, don't think i don't care because it is no the true. but i called them. it happens. gerri: starting with you, veronica, do people know what they're paying in 401(k) fees? >> i think generally no. gerri: ed what do you say? >> there is no question, there are lots of fees. i like the lawsuit. the group overseeing that 401(k) plan should have done their due diligence, as prices came down because of competition they should have made those changes. i think that guy has a good suit. gerri: we'll follow it ed. you have to come back on to talk about. thank you, my friend. ed and veronica, thank you so much. still a lot more to come this hour including more fallout from the irs sending out incorrect forms to obamacare enrollees. now the va secretary misrepresenting his task -- past, telling a homeless veteran he was in special forces when he wasn't. we'll discuss that should he resign or not? send us an email through our

website, gerriwillis.com. we'll be right back. the future of the market is never clear. but at t. rowe price we can help guide your retirement savings. our experience is one reason 100% of our retirement funds beat their 10-year lipper averages. so wherever your long-term goals take you we can help you feel confident. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing. call us or your advisor. t. rowe price. invest with confidence.

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gerri: breaking news for you tonight an united continental. it sent a traumatic safety warning to its pilots what it called significant safe concerns. "wall street journal" says united cited four safety events and near misses in recent weeks. ones which pilots had to execute emergency pull-up manuever to avoid crashing into the ground. another flight landed with less than mandatory fuel reserves. two-page memo sent out last months does not have specifics on close calls. they were not widely reported so you probably haven't heard about them. united continental telling pilots to step up safety issues in the cockpit after series of safety issues. we'll bring you the latest as we get it. >> va chief we talked a lot about this robert macdonald lying again about serving in special forces, a lie he said

was an effort to relate to a homeless veteran. >> in an attempt to connect with that veteran to make him feel comfortable i incorrectly stated i too had been in special forces. that was wrong. and i have no excuse. >> but is this shaking up americans trust with the department already on shaky ground? we're asking jesse james, retired gunnery sergeant for the u.s. marine corps, senior fellow at london policy research. welcome back to the show. this presser was notable for the fact that the va chief apologized over and over again. how are his comments going over with veterans? >> right now this is the least of his worries, i can understand trying to relate with veteran army ranger which he was, off the train with special operations. we probably would give him a pass on this if this was the only mistake. but in the past few weeks alone he has not given accurate information when he was on "meet the press."

he indicated he fired 60 executives, turns out only has been eight. prior to that he went toe-to-toe with a congressman on the hill proclaimed i run a major company. what have you done. the congressman was actually marine and army veteran. so i find that to be bigger, this is an element that shows bigger issue on his plate. gerri: jesse, i have to tell you, i feel your pain with all those things but i want to play the sound he is taking so much heat for tonight. listen to this. >> happen ton va veteran? >> yes. >> really? >> really. army navy. >> army? >> army. >> what unit? >> special forces. >> special forces? what years? i was in special forces. gerri: so this is astounding to me this is a guy who has a career, a record as veteran. graduated from west point. he served in the army. was a captain. it is fairly impressive. he doesn't have to go so far saying he was in special forces. even if he was saying it he realized it was wrong thing to

do. i don't understand the mind set here. you're somebody who calls out a congressman, a veteran somebody who lies on the street. this is guy who ran a fortune 500 company, a ceo. none of this makes sense to me. do you have any insight here? >> no. and what it boils down to, there are two other examples on camera where he lost his cool or falsified information. let me put it this way. we'll make it very simple. we'll get off your back when you clean up the va. he will not resign. he already stated he wouldn't do that. i wouldn't expect him to, in this white house nobody resigns. the white house supports him. guess what? we'll watch you and keep track of every single thing you're doing. as veterans and americans we have complete lack of confidence trusting you we have been nothing but deceived by va for years now. gerri: it is such an upsetting situation because the va is so troubled and so problematic. the another troubling case here the chris kyle court case ruling today on that court case.

do you think that veterans generally are satisfied with what happened there? >> oh, i'm sure veterans are thrilled. this man was trying, routh, was trying to play up his veteran status and ptsd status. let me explain to americans out there. there are seven million americans with ptsdps. they're not all veterans. it is anxiety disorder. many on active duty still have that. some most honorable men and women i served with are united states marines. battery tests we have to take get into the branch of military most americans would be able to pass. less than 1% serve this nation. when to lean on veterans status and ptsd, shot two men in the back, essentially tells us the jury didn't buy into it. he is being held accountable as he should be. gerri: jesse, great to see you. thanks for being on the show. >> thank you gerri. gerri: later in the show, wayne rogers weighs in on the debate over equal pay for women in the workforce. next amnesty for obamacare.

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a guy that can take the king 7 and make it 8. heck. maybe even 9. make no mistake about it. they're out there. i guarantee it. welcome to the nascar xfinity series. ♪ gerri: well you're not going to believe this one today. obamacare tax-filers are getting a break. because the government sent out wrong tax forms, some 50,000 filers will not have to pay additional taxes that they owe to the federal government but is this fair to the rest of the nation's taxpayers? we're asking fred barnes, executive editor of "the weekly standard." fred, i can't, i mean these are people who were given subsidies too now being forgiven? we have a single-payer health care system in the country. the government is forgiving everything.

you don't have to pay a damn thing for your health care. >> not if you got the wrong form and owe more money and wrong form they sent you you have a tax holiday. i wonder whether the irs has the authority to actually declare this. folks can keep money they owe just because irs made a mistake. and gerri, you how i wonder how hard can it be to send out the right form? i mean this is, i don't think that is is obama care -- gerri: not brain surgery. >> not brain surgery. irs is the assigned the job of enforcing all this stuff under obamacare. obama care was passed four years ago and they still can't get the forms right? i mean that is pretty pathetic. here is what i wonder about most. will there be any accountability? there is not much accountability when there are screw ups in the obama administration. yet, is the head of irs john koskinen, the guy who stonewalled congress about all that repression and persecution of conservative groups who were

looking for tax exemptions, and now this. i think he is 0-2. gerri: so many problems in the irs. we've seen it over and over again. and they say you know we're underfunded and can't do the job we need to do. >> yeah. gerri: i see missteps all along the way. seems more like a bureaucracy run amok. what do you say? >> i agree it's a bureaucracy run amok. they want more money. it would only subsidize the incompetence of people who were there. i mean irs needs to be reformed completely, so it works correctly and also, gets the political adventures that go on. the one we saw when they were persecuting conservative groups and not giving them tax exemptions. a lot needs to be changed there. gerri: a lot needs to be changed. we're talking about some 530 bucks. 52% enrollees in tax credits lowering refund by average of 17%. it is real money for people.

isn't this really a favor to democrats here, fred? as you know, there were people in congress calling for oh, please please don't tell people they're not getting full refund. you feel the heat. here you go the irs is saying okay? >> it also changes the story. the story is not that, i really that irs screwed up so much or people are going to get refunds late, at least many many thousands who have counting on them, but says, hey think about the people that lucked out, who don't have to pay the full tax payment that they're supposed to. and it, and it -- gerri: is that fair? is that fair, fred. >> it is not fair but bails out irs. >> at the expense of the rest of us taxpayers my friend. just to remind you. >> indeed. >> although i know you know that. fred, thanks for coming on. good to see you. >> okay, gerri. gerri: coming up what are the best cars you can buy? consumer reports is here with its annual best in class. next, oscar winner patricia

arquette bringing issue of equal pay for women to the forefront. did it ever life the forefront? but is she right? we'll ask wayne rogers. ♪

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♪ gerri: welcome back to the willis report. in a moment, i'll be talking with wayne rogers. but it's now for a look at other stories in the news. federal officials say three men believed to have been plotting to join isis may have been taken into isis. one man was arrested at jfk airport one in brooklyn, one in florida. they came to the attention of law enforcement last summer after expressing support for isis online. and two utility workers are in critical condition after a natural gas explosion. look at that. a total of 15 people were injured when gas crews and emergency

responders were investigating a strong smell of natural gas yesterday. a police car camera recording the explosion. boston getting more of what it doesn't need. snow. the city now has more than 100 inches. the second snowiest on record with nearly a month of winter to go. meanwhile, another winter snow bringing more snow and ice to many areas in the south hit hard last week as governors declared states of emergency. heavy snow may be to blame for at least 17 people injured in a 40-car pile up on i-95 in maine. a school bus and a tractor-trailer. thankfully, no fatalities were reported. two people in serious conditions. those are some of the stories in the news tonight. on to wayne rogers. the issue of equal pay back in the headlines after the oscars and a blazing acceptance speech by one of the night's biggest winners. expired by that, a group

of lawmakers in california are pushing legislation to give women the same pay as men. wayne rogers from wayne rogers and company. good to have you on the show. do we need another -- don't we already have this on the books? >> thank you gerri. yes, we do. in a lot of places. i'm not quite sure why it's not enforced. hillary clinton who is an outspoken, you know, politician for this kind of thing it's interesting that her staff was paid -- there was a difference between the female people on her staff by $15,000 versus the men. the men got $15,000 more. and yet she's a big proponent of the issue. you think she would have been very conscious of it in her own organization. gerri: here's what she had to say in a tweet. it's still just 77 cents on the dollar. more work to do. yet as you point out she's not doing it

herself. she's employing people and making these distinctions rather have men. rather pay men more. my question for you though is, the woman who called for this at the oscars wearing a dress that's probably worth more than what most people make in a year saying i'm not being paid enough sounds whiney. let's listen to her. >> to every woman who gave birth. to every taxpayer and citizen of this nation, we have fought for everybody else's equal rights. it's our time to have wage equality once and for all. and equal rights for women in the united states of america. gerri: in your view, what stops women from getting equal pay? >> well, i don't know that that's true what she said. you know, she said a very broad thing. equal pay for women in the united states of america. it really depends on the job description. if you have a job description, and this

job it requires these skills and will pay this amount of money, it wouldn't matter whether it's a man or woman, whether they're black white or green, it doesn't matter. there's a job description and a dollar amount that goes with that job description. that's what goes on in a free market economy. what she's asking for i'm not sure because it's so generalized. if you have a special skill and that special skill requires a certain amount of, you know, expertise, then you should be paid for that, whether you're a man or a woman or whatever you are. i don't think it matters. now, to say for a different kind of job maybe it requires you can't ask a woman to run a jackhammer if it's going to, you know, rattle her brains or something. a man is strong -- gerri: i can run a jackhammer come on, wayne. >> i'm not -- i don't -- i'm not worried about anybody hiring you to do that though. gerri: do you agree with me though all these fancy pants

people in hollywood, to have a woman who has probably made millions acting over her lifetime complaining about her pay is just in bad taste. i understand that equal pay in that acting category is an issue to tell it to the world as if you're being taken advantage of and poor you, i don't buy it. do you? >> well, i don't think she was saying that. i think she was using the fact that she was on the air and it's a widely disseminated program, high ratings and all that, to use that. that's all. she used it as a platform to say that. marlon brando used it to talk about the disadvantage of the native american. people do that. but i don't think you take that that seriously. gerri: you people in california. i don't know. crazy. [laughter] wayne, thank you for coming so. so good to see you.

>> my pleasure, thank you, gerri. gerri: a look at the republican plan to counteract president obama's proposal to destroy savings plans. consumer reports joins us with their list of the best and the best when it comes to cars and trucks on the road. first, here's your consumer gauge with the numbers that mean the most to you. ♪

♪ gerri: 529 college savings plans are critical for many american families saving for their children's education. but president obama has already caused an uproar this year with an ill-advised scheme to tax these plans. this would make them worthless. the house passed a bill from a kansas governor

that will ensure those 529 plans stay tax-free. let's go through the basics of what this bill does which it will be soon law. it allows 529 money to pay for personal computers. what's the point of that? >> this is just modernizing the 529 statute. i have two kids in college. i don't know how they could be successful if they didn't have access to a computer and so it allows 529 plans to be used for that purpose to purchase computers. gerri: we're also getting rid of red tape what red tape? >> eliminating aggregation reporting rules that have been outdated back in '01 they made changes where they used to have to report of some information that's just no longer necessary. and so we're cleaning up the statute and getting rid of some requirements. and then the final piece is to allow money that

is redeposited to go back into 529 plans when it's refunded from an institution, if a child would get sick and get a refund from a -- gerri: if you get mono,you can get your money back if you have to be out of school for a while. as i understand it, you have a veto-proof majority. is that right? >> yes, we had a great showing on the floor this afternoon. 401 votes for the legislation. i believe 20 again. so that is a veto-proof margin. it goes to the senate now, where we have six members of the senate that are introducing i think identical legislation. three from the minority. three from the majority. so that bodes well for the legislation and hard-working americans who have 529 plans. gerri: i have to tell you, that is a true repudiation of what the president wanted to do which is basically remove tax benefits from 529s which meant you can't

save there anymore. that's great news. i have to ask you about the university of wisconsin and what's going on there with scott walker who is desperately trying to cap institution at that institution. he's not the first. same going on at perdue university and other places in the country. there's a movement afoot to reduce college tuition for american families. >> there's no doubt that cost of college is going out. student debt is at an all-time high. it's over a trillion dollars. and that's going the wrong direction. we want to incentivize families to be able to send their kids to college. that's why we've done our part here at the federal level today passing hr529, encourage the states to look at it and see what they can do. wisconsin is a good example. see what they can do at the state level to help address this need. >> congresswoman thanks for coming on. we appreciate it. >> thanks for having me. have a great day.

>> you as well. over the next few weeks high school seniors across the country will be getting their acceptance letters from colleges and universities. very exciting. the next step though, figure out how to pay for college. that means it's time for our of users guide. paying for college all next week. don't miss that. we want to hear from you. if you have questions for yourself or your soon to be freshman in life let us know on facebook or twitter or email us at gerriwillis.com. next friday, our roundtable of experts will be answering those questions. if you're in the market for a graduation gift for your college kid, this next story might be for you. consumer reports is out with their top picks for cars in various categories. what vehicles made the list? mark joins us now. mark, welcome to the show. >> thanks. >> let's ping-pong through this list. in the large car category you did a lot

of work on this. what car did you like best? >> surprised a lot of people. the chevrolet impala, normally people would think we would pick the toyota avalon, lexus es. what the impala showed was more than average reliability. very well in our road test that we conduct on our facility here. months of use and abuse. thousands of miles. and it just really shined. much more luxurious feel than its price point would indicate. v6 model is the one we recommend. great power. very refined. very strong effort from gm. >> in the sports sedan category you chose the buick regal. what happened to the other series. >> it's coming with the low reliability which disqualifies it from being a top pick. you have to have an above average reliability or average.

in this case the buick regal has above average reliability and a strong vehicle. if you close your eyes when you're a passenger not while driving, you would feel you're driving in a nice german car. underneath it's an opal. which is then rematched into a buick in this market. it feels like you're driving in a nice audi. >> let's talk about the compact car. subaru. you like this a lot. the folks at consumer reports do their own testing. they're not making this up. they test the stuff themselves. >> and we buy our own cars. don't take borrowed vehicles from the manufacturer. this is the exact same car you would get from a dealership. the subaru looks big on the outside but big on the inside. the packaging is difficult. it presents very well. if you put someone in the backseat, they'll still be your friend at the end of the ride.

>> audi a6. i like that. tell me about that choice. >> this is for the type of person that hangs out at apple stores. we like this design. there's sort of a minimalism that works for this car. it's beautiful to drive. it's plush. it's luxurious. it hauls, you know, whatever you want to haul. and it's a vehicle that is just one of those things that you hit four out of five in the powerball or five out of six, this is the vehicle you go get. >> okay. how about the minivan? i know people are buying them right now. >> most people think minivans are what you drive to haul kids around, and they don't need to be versatile or drive well. just ask the mom who has to avoid the shredded truck tire on the highway with a carload of kids. we were impressed with the honda odyssey. it is so responsive.

no other minivan has that kind of dynamics behind it where you get the sense that honda put a lot of attention into how they designed the suspension. >> all right. mark, i have to call you out on this one. your best overall pick. your best overall is the tesla. and it costs $89,000. our consumer reports readers are jumping up, taking home equity out of their house and buying this car? >> well, sometimes the top pick it's not much what money can buy but what you get for your money. just the technological tour deforce that this vehicle is. there have been will he been -- >> it goes from 180 to 230 miles on a single charge. which is the same you get on a single tank of gas. i've driven it many times. (?) drives fantastic. >> $89,000. mark -- >> it worth it.

it's absolutely worth it. gerri: i'm glad you like it. >> even for consumer reports readers. [laughter] gerri: mark, thank you for coming on. love your list. still to come my "2 cents more." next, going above and beyond. i'll be joined by a teacher who is giving a piece of herself to save a student's life. her amazing story. coming up after the break.

gerri: when a 6-year-old boy's family in texas went on a search for a living kidney donor for their sick son, they never imagined the match would be in his classroom. our next guest was the only match. lindsey is the first

grade teacher at hoffman lane elementary school. thank you for coming on. really appreciate it. were you shocked that you were the only match? how did you react when you got the news? >> well, i was absolutely shocked when i found out i was the only match. i had been kind of prepared that it was going to be very hard to find a match for matthew and it was very unlikely. they described it as looking for the needle in the haystack. to get the call that i was the match, we were very excited. i also knew i had a lot to learn. gerri: you know, the pictures are just amazing. and he is adorable. it's a big responsibility to do this though, and i wonder what motivated you to say yes. >> i have two little boys of my own at home. 10-year-old and 6-year-old. they're both happy healthy, active little boys. watching matthew with that smile. you've seen the pictures. you've seen the smile on his face. he has that all day every day no matter what

is going on. so to watch him with his love of life and think that i could be the one to give him the kidney and help him be healthy and active and not have so many restrictions, it was just something i knew i needed to do. gerri: it's so impressive. we just saw pictures of your family. such a handsome family. >> thank you. gerri: when is this procedure and what is the prognosis, what is the outlook for the surgery? >> well, the procedure is scheduled for mid-march. and for me, it's a much easier surgery. i'll be out of the hospital in no time. matthew will be a little bit longer, of course, but we're hoping that when he gets his new kidney that he'll be able to -- he's on a restrictive food diet, he'll be able to drink water when he's thirsty. he'll be able to to go swimming and play sports and be a normal, healthy, little boy. >> that's so awesome.

have your sons expressed any concern about your well-being? >> they have. my 10-year-old understands a lot more about what's going on, and he was very nervous. and we had to sit down and have a long talk about how i can donate to matthew and still be healthy. and matthew will be able to be healthy also and go to school every day and be as healthy as he is. once we talked about it that way, he was really excited and said that he says a prayer for mommy and matthew every night. he's excited for both of us. my kidner guarder didn't quite understand. >> that's an important thing. you haven't been working at that school very long. how long have you been there? >> no, this is my first year on this campus. everything has just fallen into place for this kidney donation to happen. i've worked in the area for quite a few years. but i put in a transfer

to get closer to home and have my boys go to school on the home campus. i got the position. i met matthew. and now i'm giving him my kidney. everything fell into place the way it was supposed to be. >> lindsey, thanks for coming on the show. bless you for the work you're doing. thank you for coming on. >> thank you. gerri: and now we want to hear from you. here are some of your emails to a recent legal debate we had on the program about a guy being ticketed for believe it or not eating a cheeseburger while driving. >> i've eaten and driven since i've been driving 35 years ago. some common sense should be used. the officer shouldn't cite someone for that alone. however, if he noticed erratic driving, i can imagine that. >> i can imagine the conversation. what are you in for? i was eating a burger while driving. this is another reason to avoid georgia. whoa harsh. send me an email. we'll be back with my "2

cents more." and the answer to the question of the day. do you know what 401(k) fissure paying? any idea. let us know.

gerri: do you know what 401(k) fees you're paying? we asked the question on gerriwillis.com. thirty 9% of you said yes. 61%, of course have no idea. finally, it's amazing to me that on the one hand the government is ready willing, and able to grant financial amnesty to people getting obamacare subsidies. at the same time, if you save your money on your own for retirement, the government doesn't care a whip whether the people running your 401(k) are pocketing too much of your precious savings and fees. it makes no sense. help yourself get no support. lean on the government, it has your back. not a good way to run the country because it guarantees more dependency. that's my "2 cents more." don't forget to dvr the show if you can't catch us live.

"making money" with charles payne is coming up next. have a great night. we'll see you here tomorrow. ♪ charles: i'm charles payne, and you're watching "making money." well, they had to keep the confetti in the boxes today. the second day of losses from apple kept nasdaq from joining the all-time high. at the last second, the dow set a new record. tonight, john stossel on the ethics of capitalism. does profit always make it right? the real crisis with women's pay is not discrimination. a lot for you. let's go to nicole petallides on the floor of new york stock exchange. nicole. >> charles, another record close for the dow jones industrial average. the nasdaq and s&p couldn't pull out those record closes but set records of their own. keith came on. still says the path of least resistance is still to the