Private Equity Investments in Defined Contribution (DC) Plans

Private equity funds invest in privately held companies whose stock is not traded on public exchanges. Private equity fund managers expect to increase the value of their investments by providing capital and acumen for the purpose of improving performance/value of these companies. The Department of Labor (DOL) recently released an “information letter” regarding the potential … Continue reading Private Equity Investments in Defined Contribution (DC) Plans

Continuity, Coronavirus, ERISA, Stimulus Package

The coronavirus relief includes a “temporary rule preventing partial plan terminations” for plan sponsors of defined contribution retirement plans. The provision specifically states, “A plan shall not be treated as having a partial termination (within the meaning of 4119(d)(3) of the Internal Revenue Code of 1986) during any plan year which includes the period beginning … Continue reading Continuity, Coronavirus, ERISA, Stimulus Package

Should You Adopt a Plan Committee Charter?

Yes! The primary purpose of a committee charter is to document overall plan governance. It is not dissimilar to how your Investment Policy Statement (IPS) acts as a “roadmap” for managing your plan investments. The charter also documents delegation of fiduciary responsibilities from the plan’s “named fiduciary” to co-fiduciaries. Even small plans with a single … Continue reading Should You Adopt a Plan Committee Charter?

Former Employees with Plan Assets are Still Plan Participants

Plan Sponsors should understand that terminated employees who left their account balance in your plan, are still considered participants under ERISA. As such, they have the same rights as current employees. They cannot contribute to their account under the plan but otherwise they have the same ERISA protected rights as plan participants. One protected right … Continue reading Former Employees with Plan Assets are Still Plan Participants

3(38) Advisory Services – Should Fiduciaries Outsource Retirement Plan Investment Responsibility?

Department of Labor (DOL) enforcement recoveries are on the rise. A recent DOL report indicates that DOL recoveries have doubled since 2018 and tripled since 2016 (https://www.investmentnews.com/dol-retirement-plan-recoveries-198660).  As a result, fiduciary liability premiums have increased 35% since last year (https://www.investmentnews.com/fiduciary-insurance-costs-401k-litigation-198407). Fiduciaries are personally responsible for participant losses resulting from a fiduciary breach. Plan sponsor fiduciaries … Continue reading 3(38) Advisory Services – Should Fiduciaries Outsource Retirement Plan Investment Responsibility?