Skip to main content

7 Ways to Mitigate Retirement Plan Fiduciary Liabilities

1. Document all decisions— Appoint a secretary to take notes on all actions and decisions.

2. Hold retirement plan committee meetings regularly—Quarterly is the best practice; make sure your people get there and have a good attendance record.

3. Appoint qualified committee members—If you want to bring in people from different departments within the hospital to have them more involved in the retirement plan process, be sure that people are chosen who understand how the retirement plan and investments work. You also need to have an odd number of people on the committee to avoid votes that end in a tie.

4. Periodically review plan operations and providers—Review the scope of services in the service agreements with all plan providers to ensure these services are still needed and are of high quality. Make sure the plan administrator and service providers are administering the plan in accordance with the plan document.

5. Ensure ERISA compliance—ERISA Sec. 404(c) protects plan sponsors from a suit by plan participants for individual investment loss. If an individual loses money in the plan that is compliant with ERISA Sec. 404(c), the plan sponsor would not be held liable. There are criteria that the plan sponsor must meet, including delivery of prospectus anytime an individual enters a new fund. To be eligible for electronic delivery, U.S. Department of Labor states that the individual must have a computer at his or her desk as part of normal business activities—most employees at hospitals do not.

6. QDIA—QDIA is an acronym for Qualified Default Investment Alternative. It is a plan default for participants who do not make an investment decision in a qualified pension plan. The default accounts include professionally managed accounts, balanced mutual funds, and lifecycle mutual funds. Stable value accounts or fixed accounts do not qualify as a QDIA, with few exceptions. Plan sponsors should understand, and the plan should adhere to, the QDIA requirements to qualify for safe harbor protection.

7. Utilize fiduciary liability insurance—
Fiduciary liability insurance is highly recommended and generally not expensive. Review the plan sponsor’s Director’s and Officer’s insurance liability to ascertain if the plan fiduciaries are covered for fiduciary actions. Specific fiduciary coverage is available as a rider to general liability coverage from many insurance carriers. This is not to be confused with the ERISA bond requirements.

Note: The general counsel’s job is to mitigate and manage legal risk. He or she should be a partner in the retirement plan oversight process.

If you have any questions about fiduciary responsibilities, or would like to begin talking to a retirement plan advisor, please get in touch by calling (800) 388-1963 or e-mail us at hbs@hanys.org.

Popular posts from this blog

COVID-19: Retirement and Benefit Plan Resources

As the COVID-19 crisis continues to unfold, we are closely monitoring news and updates from top sources. We’ll be updating this section as new developments unfold. Here are several key articles and links to help plan sponsors and administrators navigate the COVID-19 impact to retirement and benefit plans: Retirement Plans 4 Key CARES Act Provisions for Retirement Plan Sponsors Markets React to Coronavirus   Important Considerations for Retirement Plan Sponsors during the Coronavirus Pandemic In Fed We Trust Participant Education Services: Timely Help from a Safe Distance CRDs 100% Taxable for New York State and Local Income Tax Purposes in 2020 IRS Permits Remote Notarization of Participant Elections   Employee Benefits CARES Act Expands Health Coverage Rules Understanding the Historic $2 Trillion Stimulus Package Employee Compensation and Benefits During Closures and Furloughs DOL Clarifies Exemptions to Coronavirus Paid Leave Laws Small Business Exemption to

SECURE 2.0 Discussion Series: Session One

SECURE 2.0 provisions: What we know and what’s still up in the air The SECURE 2.0 Act, signed into law in late December 2022, has factored heavily in retirement industry discourse since the final legislation was published. As with any legislation of this depth and breadth, there’s a lot to digest and the industry takes time to adjust. Our team of experienced advisors recently met to discuss some of the more nuanced provisions of the legislation, such as changes to Roth contributions, and what they could mean for plan sponsors. Panel participants included the following HBS team members: Noah Buck, Christina Bauer-Dobias, Sean Bayne, Vincent Bocchinfuso and Kathleen Coonan. Highlights of our panel’s conversation below should serve to help guide plan sponsor thinking. On Roth employer contributions NB – In addition to deferring pre-tax or Roth, plan sponsors can now allow employer contributions to be classified as Roth, is that right? VB – Correct. This is immediately available to plan s

HANYS Benefit Services names Noah Buck president

Buck brings 20 years of retirement and benefits industry experience to leadership role of boutique advisory agency  Rensselaer, NY July 14, 2022— HANYS Benefit Services announced today Noah Buck has been appointed president. Buck steps into the advisory agency’s leadership role at a time when organizations are seeking expert retirement and employee benefits guidance for fiduciary governance and employee engagement. With HBS since 2019, Buck had most recently served as interim president and was previously vice president of client relationship management. Before joining HBS, Buck was a principal in Milliman’s employee benefits practice. He earned a Bachelor of Science in management science and information systems from Penn State University and a Master of Business Administration from SUNY Albany. "I’m honored to be leading a team that is passionate about making sure our clients are meeting their organization’s and employees’ needs,” said Buck. “A focused approach to retirement and