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Nov 5
401(k) Fiduciary Relief

The following is not meant to be legal advice.

 

The U.S. Department of Labor (DOL) announced regulations under the Pension Protection Act of 2006 (PPA) on October 24, 2007 that protect fiduciaries of 401(k) plans when selecting qualified default investment alternatives. The protection should be welcomed news to fiduciaries of 401(k) plans that are designed with or considering "automatic enrollment".

Participants in 401(k) plans are responsible for their own investment decisions because they are exercising investment control.  Participants who do not give affirmative instructions on how to invest their individual account are not exercising investment control so the plan fiduciaries who put their funds into automatic default investments may become liable if the investments do not do well.

 

 

Under the PPA and the final new regulations, participants who do not give investment instructions, and whose accounts are invested by default rules, will be deemed to be exercising investment control if notice requirements are met, and the default investments are stable value funds, or an intermediate investment grade bond, which are popular among employers. This allows plan fiduciaries to be protected from the losses that may result.  This will encourage people to take on the fiduciary roles.


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