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?

Cyber Security Issues for Plan Sponsors

The Department of Labor is working on a guidance package addressing cybersecurity issues as they relate to plan sponsors and third-party providers. Tim Hauser, Deputy Assistant Secretary for DOL's Employee Benefit Security Administration (EBSA) has indicated that we should expect more focus in the department’s investigations of the adequacy of various cybersecurity programs to confirm … Continue reading Cyber Security Issues for Plan Sponsors

Post-Election Investment Commentary

Stock markets abhor uncertainty. Currently, investment prognosticators are interpreting the election results to create a relatively “stagnant” legislative environment. This opinion is based primarily on the Senate remaining in Republican control with the presidency Democratic. The anticipated stagnation connotes a more predictable investment environment. Clearly, the stock market has recently responded overwhelmingly positive (as of … Continue reading Post-Election Investment Commentary

Ten Things to Know about Your Employer’s Retirement Plan

1. What is it? Your employer’s retirement plan is a defined contribution plan designed to help you finance your retirement. Federal and sometimes state taxes on your contributions and investment earnings are deferred until you receive a distribution from the plan (typically at retirement). 2. Why do they call it a 401(k)?The 401(k) plan was … Continue reading Ten Things to Know about Your Employer’s Retirement Plan