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A focus on ERISA §408(b)(2) Regulatory developments affecting covered plans, such as defined contribution plans HR Benefit Advisors I N S I G H T I N N.

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Presentation on theme: "A focus on ERISA §408(b)(2) Regulatory developments affecting covered plans, such as defined contribution plans HR Benefit Advisors I N S I G H T I N N."— Presentation transcript:

1 A focus on ERISA §408(b)(2) Regulatory developments affecting covered plans, such as defined contribution plans HR Benefit Advisors I N S I G H T I N N O V A T I O N I N T E G R I T Y

2 What is Retirement?  Retirement is the point in a person's life when they have the luxury of deciding how they will spend their day. Presentation prepared for BNHRA

3 Federal Government Concerns Current personal savings rate is 5.0% Average 401(k) account balance is $70,000. Over half of Americans have less than $50,000

4 The Simple Fact  Many 401(k) plans are too expensive.  70% of participants think they aren’t being charging anything.  There is an incredible fee-reduction opportunity. Presentation prepared for BNHRA

5 Plan Sponsor Fee Disclosure 408(b)(2) Participant Level Fee Disclosure 404(a)(5) Trend towards focusing on “Participant Outcomes” Broadening the definition of “Fiduciary” Department of Labor’s Focus

6 What is your role?  A plan fiduciary’s responsibilities include the following: Act in participants’ best interests Pay only reasonable plan expenses Carry out duties prudently Presentation prepared for BNHRA

7 ERISA §408(b)(2) empowers you with information You will have the information to:  Understand your service provider’s compensation and services, and  Identify potential conflicts of interest Presentation prepared for BNHRA

8 Fund Fee Discrepancy  Fees are the most important determinant of long-term performance.  Vanguard S&P 500 Index Fund  Fund Charge: 0.15%  Principal S&P 500 Index Fund  Fund Charge: 1.04% Presentation prepared for BNHRA

9 Fund Fees Matter!  Over time, higher mutual fund fees lead to lower returns.  A 401k with a balance of $100,000 invested over 20 years, returns being equal but fees, the lower fund fees generate a return of $448,000 vs. the higher fund fees generating$311,000. Presentation prepared for BNHRA

10 What is your responsibility?  Review information to determine if plan fees are reasonable  Protect yourself from the prohibited transaction rule by satisfying the class exemption requirements Presentation prepared for BNHRA

11 Criteria for class exemption for plan fiduciaries  Did not know that service provider failed to provide the required information  Reasonably believed that such information was provided  Make written request for required information from covered service provider upon discovery of disclosure failure Covered service provider must respond within 90 days of your written request  Notify the DOL within 30 days of the earlier of: The covered service providers failure to comply; or 90 days after the written request A sample notice from the DOL is available to you in order to report the non-compliance  AND … Presentation prepared for BNHRA

12 Class Exemption cont….  Acting prudently, make a determination whether to terminate or continue the contract If information requested relates to future services and is not disclosed promptly after the 90-day period, “terminate as expeditiously as possible, in a prudent manner” Presentation prepared for BNHRA

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