The ominous "F word" has been part of the DC plan vernacular for decades. It can be complicated and even a little scary. The fiduciary concept is such an integral part of the retirement plan space that the Department of Labor continues to try to refine and clarify its fiduciary rule. The latest iteration of the rule was sent to the Office of Management and Budget for review last month and is expected to be released this spring.

While uncertainty swirls around the fiduciary landscape, it is important to stay up to speed on the ins and outs of being a fiduciary. ERISA defines the basic fundamentals of being a fiduciary, and Donovan v. Bierwirth, decided in 1982, established that the fiduciary duty is the highest duty known to law. Retirement plan fiduciaries are making decisions that affect plan participants' retirement savings, and for many participants, it is the largest sum of money they will ever see, said Jonathan Young, senior national accounts manager at Capital Group. Young outlined the basics of fiduciary responsibilities and best practices in a recent webinar.

|

Who is a fiduciary?

In the DC plan space, a fiduciary is anyone who exercises discretionary authority or control over the plan itself, the plan assets, anyone who gives investment advice to the plan for a fee, the plan administrator, the committee and the investment advisor. ERISA outlines the various fiduciary roles, including:

Complete your profile to continue reading and get FREE access to BenefitsPRO, part of your ALM digital membership.

Your access to unlimited BenefitsPRO content isn’t changing.
Once you are an ALM digital member, you’ll receive:

  • Breaking benefits news and analysis, on-site and via our newsletters and custom alerts
  • Educational webcasts, white papers, and ebooks from industry thought leaders
  • Critical converage of the property casualty insurance and financial advisory markets on our other ALM sites, PropertyCasualty360 and ThinkAdvisor
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.