A fiduciary checklist for 401(k) sponsors is 79 items long

A fiduciary checklist for 401(k) sponsors is 79 items long
The list will help employers avoid lawsuits related to their retirement plans, according to the group that built it.
AUG 05, 2021

A checklist unveiled this week by a fiduciary training group is designed to help 401(k) sponsors protect themselves from lawsuits.

In June, the Center for Board Certified Fiduciaries projected that there are roughly 17.5 million people overseeing $26.6 billion in assets who are “lay fiduciaries,” industry outsiders who in many cases are in the dark about their legal responsibilities. That includes at least 3 million retirement plan sponsors, according to the group.

The new checklist, which the group calls FORT, or Fiduciary Oversight of Responsibilities and Tasks, will make them aware outlining 79 different items that retirement plans must have covered, said Don Trone, CEO of CBCF. Given how rampant 401(k) litigation has become, that is crucial, he said.

“The vast majority of times, when you review the depositions associated with the 401(k) litigation … you hear that the plan sponsor had no idea about the depth and scope of their responsibilities and tasks,” Trone said.

The worksheet doesn't indicate that sponsors must handle each of the 79 tasks themselves, but it shows that they must delegate the responsibilities or hire fiduciaries who can address them, Trone said. By ensuring that the different tasks are handled by the adviser, third-party administrator, record keeper or other service provider, the plan sponsor can reduce its fiduciary liability, he said.

Such responsibilities include selecting and monitoring a 3(21) investment adviser, as well as tasking someone with enrollment and participant education, for example.

“[I]n a majority of cases, the plan sponsor has been left with a moral hazard,” as service providers have implied that they shoulder responsibilities that are not included in contracts, Trone said. “In reality, they’ve retained a lot of liability that they’re not aware of.”

The worksheet could also serve to discourage wealth advisers from taking on 401(k) plans, as it would show non-specialist firms the breadth of new responsibilities they could face, he said.

FORTHCOMING TRAINING

CBCF is planning to launch fiduciary courses in conjunction with a university that will provide professional marks in 10 different designations, such as a specialty in tax-exempt plans, Trone said.

“We have a number of specialty leaders who are developing the curriculum for board certification,” he said.

The training is being designed for experienced advisers and will help give them knowledge about all aspects of plan oversight, he said.

To receive the certification, “you not only need to know what you’re doing you need to know what every other player is doing as well,” Trone said.

Latest News

What advisors need to know about SECURE 2.0’s impact on retirement income planning
What advisors need to know about SECURE 2.0’s impact on retirement income planning

Catch-up contributions, required minimum distributions, and 529 plans are just some of the areas the Biden-ratified legislation touches.

EToro to tokenize US stocks on Ethereum network for 24/7 trading
EToro to tokenize US stocks on Ethereum network for 24/7 trading

Following a similar move by Robinhood, the online investing platform said it will also offer 24/5 trading initially with a menu of 100 US-listed stocks and ETFs.

GTCR to acquire FMG Suite, expanding its wealth tech portfolio
GTCR to acquire FMG Suite, expanding its wealth tech portfolio

The private equity giant will support the advisor tech marketing firm in boosting its AI capabilities and scaling its enterprise relationships.

$29B Lido Advisors expands in Utah with Olympus Wealth Management
$29B Lido Advisors expands in Utah with Olympus Wealth Management

The privately backed RIA's newest partner firm brings $850 million in assets while giving it a new foothold in the Salt Lake City region.

Annuities hit new $223B high in H1 2025, LIMRA says
Annuities hit new $223B high in H1 2025, LIMRA says

The latest preliminary data show $117 billion in second-quarter sales, but hints of a slowdown are emerging.

SPONSORED How advisors can build for high-net-worth complexity

Orion's Tom Wilson on delivering coordinated, high-touch service in a world where returns alone no longer set you apart.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today's choppy market waters, says Myles Lambert, Brighthouse Financial.