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

Maryland bars advisor over charging excessive fees to clients
Maryland bars advisor over charging excessive fees to clients

Blue Anchor Capital Management and Pickett also purchased “highly aggressive and volatile” securities, according to the order.

Wave of SEC appointments signals regulatory shift with implications for financial advisors
Wave of SEC appointments signals regulatory shift with implications for financial advisors

Reshuffle provides strong indication of where the regulator's priorities now lie.

US insurers want to take a larger slice of the retirement market through the RIA channel
US insurers want to take a larger slice of the retirement market through the RIA channel

Goldman Sachs Asset Management report reveals sharpened focus on annuities.

Why DA Davidson's wealth vice chairman still follows his dad's investment advice
Why DA Davidson's wealth vice chairman still follows his dad's investment advice

Ahead of Father's Day, InvestmentNews speaks with Andrew Crowell.

401(k) participants seek advice, but few turn to financial advisors
401(k) participants seek advice, but few turn to financial advisors

Cerulli research finds nearly two-thirds of active retirement plan participants are unadvised, opening a potential engagement opportunity.

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.

SPONSORED Beyond the dashboard: Making wealth tech human

How intelliflo aims to solve advisors' top tech headaches—without sacrificing the personal touch clients crave