"Section 404(c) is a historically misunderstood part of ERISA, with misconceptions rampant even before the 404(a)(5) participant fee disclosure regulations added to the confusion." Click here to learn more.
Source: NTSA Net
"Do you think that the following statement is true or false? Buying a single company stock usually provides a safer return than a stock mutual fund. [Possible answers: True, False, Do not know; refuse to answer.]" Click here to find out why you should take another look at company stock.
Source: Plan Sponsor Council of America
"The aggregate value of settlements dealing with ERISA litigation, employment discrimination, wages and hours, and government enforcement soared in the latest year, underscoring a trend that has the potential to rock an employer’s balance sheet, if not bankrupt a company." Click here to read more.
Source: HR Daily Advisor
"A federal appellate court has affirmed the dismissal of a lawsuit alleging that Fidelity Trust Company offered and mismanaged a stable value fund for its own benefit rather than the benefit of 401(k) plan participants." Click here to read more.
"A handful of large U.S. corporations announced they are raising the employer match for their 401(k) retirement plans or are making other changes in their benefit plans in the first month after a tax reform law was signed by President Trump. And nearly half of companies surveyed said they are considering taking such an action this year or next." Click here to read more.
Source: HR Daily Advisor
a. Carry it over and apply it to next year's contribution?
b. Transfer the excess out of all the participant accounts?
c. Panic and call your investment advisor?
Click here for the answer.
"The most significant of the Act's changes for retirement plans reduces the existing restrictions on hardship distributions from 401(k) and 403(b) plans". Click here to learn more.
Source: Ice Miller LLP
The "Tax Cuts and Jobs Act of 2017" have left some people confused and trying to understand how it will make an impact. Click here to learn what you should be addressing according to plan administrators and HR benefits managers.
Source: Holland & Knight
The top three takeaways in Innovest's February Market Commentary are:
1. Turbulent month for stocks
2. S&P 500 cools down
3. New Fed chair Powell sees strengthening U.S. economy
Click here to read the full commentary.
Is your nonprofit accepting donations in bitcoin? "As Bitcoin continues to dominate the newsfeeds of tech-savvy innovators and create millionaires overnight, nonprofits that adopt cryptocurrency tools may be able to gain a competitive advantage. Click here to learn more.
By Gordon Tewell, CFA, CPC, Principal
The goal of this article is to define the various types of plan fiduciaries and to help clarify the roles of each of these fiduciaries.
A plan’s fiduciaries will ordinarily include the trustee, investment advisers, all individuals exercising discretion regarding investments and the administration of the plan, all members of a plan’s administrative committee (if it has such a committee), and those who select committee officials.
A plan must have at least one fiduciary (a person or entity) named in the written plan, or through a process described in the plan, as having control over the plan’s operation, but in many cases plans may have several named fiduciaries. In some cases the decision making involved in operating a retirement plan make the person or entity performing them a fiduciary.
The ERISA Section 402(a) Named Fiduciary
The ERISA section 402(a) Named Fiduciary is the main fiduciary for a qualified retirement plan. This is the named fiduciary that has power over all other plan fiduciaries. The 402(a) fiduciary is the named decision-maker, not an advisor. This fiduciary has responsibility for selecting, evaluating and monitoring all plan fiduciaries and service providers to the plan.
The 402(a) Named Fiduciary must understand and adhere to principles of fiduciary prudence, and despite possible conflicts of interest due to in most cases that they will be an employee of the sponsoring employer, they are bound by the key tenets of fiduciary responsibility including acting in the sole interest of the plan participants and beneficiaries.
What is a 3(21) Named Fiduciary?
The 3(21) Named Fiduciary is often referred to as “The Mother of All Fiduciaries” because their primary role is to select, monitor, and benchmark the other fiduciaries and plan service providers.
The duties of a 3(21) Named fiduciary are generally set by ERISA and include the following: Monitor the assignment and performance of fiduciary duties of the Plan Administrator, Investment Manager, and Investment Advisors; provide oversight of the committee responsible for selecting and benchmarking plan service providers and provide an annual review of such; verify and document ERISA bond and fiduciary insurance coverage of all parties; create and maintain written documents covering the roles and responsibilities of plan fiduciaries
The ERISA Section 3(16) Plan Administrator
In the typical defined contribution plan, either the plan sponsor or another employee employed by the plan sponsor is named as the 3(16) plan administrator. The Plan Administrator will administer the Plan for the exclusive benefit of the Plan Participants and Beneficiaries, and in accordance with the terms of the Plan. If the terms of the Plan are unclear, the Plan Administrator may interpret the Plan, provided such interpretation is consistent with the rules of ERISA and Code §401 and is performed in a uniform and nondiscriminatory manner.
This plan administrator is the center of communications for the plan. For example, it has responsibility for providing important plan information to plan participants such as disclosures, Summary Plan Descriptions, and other notices and statements. In addition, the plan administrator has statutory responsibility for ensuring that all filings with the federal government such as form 5500s are made in a timely manner. The 3(16) is in charge of all communications with plan participants, the government, and any other communications to or from the plan.
The ERISA Section 403(a) Trustee
The ERISA section 403(a) Trustee is named in the plan documents as the fiduciary solely responsible and liable for the plan's investment options. More explicitly, the ERISA section 403(a) Trustee is "a person or a group of persons recognized as having exclusive authority and discretion over the management and control of plan assets."
A lot of confusion is created within the industry over the concept of the trustee. The confusion stems from common name used between an ERISA 403(a) Trustee and a "directed trustee" holding the assets of a qualified retirement plan in trust. The two roles are significantly different; one is a named fiduciary under ERISA with authority and discretion over the management and control of plan assets, while the other holds plan assets with no discretionary authority under ERISA.
An ERISA Section 3(21) Non-discretionary Fiduciary
An ERISA 3(21) fiduciary comes in two flavors often times described as “full-scope” or “limited scope.” A full scope 3(21) is akin to an ERISA 402(a) Named Fiduciary. Fiduciaries who act as “Co-Fiduciaries,” fall under the 3(21) “limited-scope” category; specifically ERISA 3(21)(a). While there are independent experts who assume 3(21)(a) status, a 3(21)(a) does not accept discretionary authority and therefore, does not alleviate other plan fiduciaries of any potential fiduciary liability.
An ERISA Section 3(38) Investment Manager
An ERISA section 3(38) Investment Manager is not typically named in the plan document. Instead, it is retained via a written contract either directly by the plan sponsor or by the 3(21) Named Fiduciary. A 3(38) Investment Manager has discretionary responsibility to select, monitor and replace a plan's investment options. The plan sponsor or the 3(21) Named Fiduciary has the duty to ensure that the initial decision to appoint a 3(38) Investment Manager was prudent and that such decision continues to be prudent through a monitoring function.
In conclusion, there are a number of roles that may define a retirement plan fiduciary. What is most important, however, is to make sure individuals are aware of their fiduciary status, roles and liabilities as such.
This year Innovest continued our "Winter Week of GIving" tradition. On the first day of giving, Innovest sent to thee: gently used clothing and toil-let-tries. On the second day of giving, Innovest gave to thee: money to the charities we love. On the third day of giving, Innovest gave to thee: decorated Project Angel Heart bags by the tens. On the fourth day of giving, Innovest gave to thee: lunch served and encouraging words. On the fifth day of giving, Innovest gave to thee: gifts for six adopted families we bring.
Organizations that Innovest was privileged to serve during the week included the Denver Rescue Mission, Project Angel Heart, and Colorado Gives Day. For the fourth year in a row 100 percent of Innovest employees participated in the Colorado Gives Day Corporate Challenge, earning an extra day off for their birthdays. Typical of Innovest, each day employees brought in snacks to incentivize and encourage co-workers to contribute and participate in the designated actitivities.
We were thrilled to have the opportunity to serve so many deserving organizations in 2017. Not only do these activities provide team-building experiences, but they provide already generous people with new opportunities to give back and find new nonprofits to support and be passionate about. Innovest is proud to be a company of generous people!
If or when you decide to participate on a nonprofit board, there are ways to maximize your impact and effectiveness as a board member. This article suggests that you ask four questions to "probe, nudge, and prod to help the board perform better."
Click here to read more about why these four questions matter when serving on a nonprofit board.
Source: McKinsey Quarterly
"Defendants successfully made their case in staving off a decision in a case involving Princeton University’s 403(b) plans, and in so doing placed their bets on the outcome of another case in the 3rd Circuit." Click here to read more.
"Strategic leadership is like a high-performance engine and requires each component to operate at a high level." Read about the seven essential components to effective nonprofit leadership. Click here for the article.