401(k) Best Fiduciary Practices
For Plan Overseers that Take Their Fiduciary Role Seriously
In This Issue
Always Demand Fee Transparency
Common Mistakes
What to Do Next
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Note:  Though this e-newsletter focuses on fee dsiclosure in 401(k) plans - individuals face the same lack of transparency in their dealings with financial service providers and should also demand transparency.

 

401(k) plan sponsors must hold their plan provider(s) to task - if it is not done well and documented - the Supreme Court says you (and your management) are personally liable!   

 

Job #1:  ***TRANSPARENCY***  

 

Click here to Request Transparency Tool by e-mail.


The "transparency tool" is the "Retirement Plan Service Provider and Intermediary Annual Disclosure Document".
 

 

This is perfect timing - plan sponsors are not ready for 408(b)(2) fee disclosure and this helps you prepare.   

 

Click here to read an excellent (brief) article by ERISA attorney Ary Rosenbaum about plan sponsors preparing for 408(b)(2) fee disclosure.  

 

The primary culprit: 12b-1 fees.    

 

12b-1 fees flow from mutual funds behind-the-scenes.    This makes it difficult to track fees AND providers as Ary mentions in his blog.   To ask a provider of services in your 401(k) plan to disclose, you first must identify each one!   There are mutual fund companies, brokers/advisors, a custodian, third party administrator and the record-keeper.   And possibly more. 

  

The person (or their employer) that sold you the plan may be the proverbial "fox in the hen house"!

 

Use the disclosure statement to objectively assess what is going on.

 

Since 99% of the plans are not transparent....well now you know why the Dept of Labor is implementing 408(b)(2) fee disclosure - and requiring the plan sponsor to communicate the disclosure to the participants.

 

It's about to get very interesting (i.e. painful) folks!     Don't wait for the government mandate, get transparency NOW by either moving to a transparent source or demanding it from your current provider. 


Common Mistakes

 

Caveat Emptor - Let the Buyer Beware!

 

It's great to have a positive relationship and trust with the person(s) that provide financial services.   However, even a well-meaning "advisor" may not be transparent on fees.   Most likely it is an issue with the company that employs them or pays them commissions, not them personally.  I meet very astute and aware plan sponsors every day that have been shocked to discover what is going on in their accounts!  

 

The answer is simple:  work with transparent structure/providers.   Unbundled experts who each have a legally required loyalty to you.   

 

When you move to a clean transparent plan that includes an ERISA Section 3(21) and 3(38) advisor - and eliminates 12b-1 fee paying mutual funds - then all the problems occurring inside 99% of the plans just disappear.       

 

The new regulations are attempting to legislate transparency into 401(k) plans.    Yet, transparent plans are available today and we provide them.    Avoid the mess!   It's completely unnecessary to subject yourself and your participants to it.    This is not a one-time event - it's every year. 

What to Do Next
 

Problem Solved:   Use an ERISA Section 3(21) independent advisor (RIA) that insists on bringing an ERISA Section 3(38) independent advisor (RIA) with them.  They both have strict disclosure requirements built into their licensing so that complete transparency is the norm from day one.   They'll be watching each other as well as the TPA, record-keeper and custodian, that are also independent.    Multiple checks and balances - a fiduciary wouldn't have it any other way.

 

Call us at 760-804-0910. 

 


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Until our next quarterly 401(k) issue.
 
Sincerely,

John O'Reilly

O'Reilly Wealth Advisors
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