Does this sound familiar? Your first phone call or email of the day is from an angry C-level executive at one of your newest clients. Their beef: Some employee just complained about all the new fees they're paying.
You're just a bit confused. You just sold the client because you saved him almost half on fees. Now he's calling to complain because the participant statements just started showing new fees. If you're frustrated, just imagine if this executive just read Fred Reish's latest warnings to plan sponsors.
If we're to believe Reish, the days of off-loading fee-related questions with a what-do-I-know shrug of the shoulders by naïve plan sponsors is over. With the implementation of Rule 408(b)(2) in the summer of 2012, comes the risk being charged as an accessory to a regulatory crime. The DOL is now holding plan sponsors – not just their vendors – responsible for fee disclosure. A plan sponsor can no longer merely accept from the vendor a piece of paper claiming to contain fee disclosures, file it and forget about it, thinking they're job is done. No, if the plan sponsor can't knowingly explain the fees, they run the risk of being caught using vendors who haven't disclosed fees.
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