Do you know your fiduciary liability?
You may not be headline news but your risk is the same.
If a Plan does not qualify as a 404(c) [Plan], the fiduciaries retain liability for all investment decisions made, including the decisions by the Plan participants.
Tittle v. Enron Corp. 284 F. Supp.2d 511, 578 (S.D. Texas 2003)
Here is the Solution:
Strengthen your defense. Gain the legal ERISA-Safe Harbor protection by contracting with an authentic investment fiduciary 3(21)(A) and investment manager 3(38).
If a Plan appoints an investment manager in writing {co-fiduciary under ERISA 3(38) (C)}, no other fiduciary is liable for the acts or omissions of such investment manager or managers [ERISA 405(d) (1)]
Do you have a 401(k) advisor or an investment fiduciary?
The difference is half the fees and a lot less personal liability.
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