Participants

Are Your Participants Experiencing a Fee Imbalance?

Are Your Participants Experiencing a Fee Imbalance?

Fred Reish, a partner with Drinker Biddle in the Los Angeles office has weighed in on this issue by stating, “While there are no requirements to charge equitable fees, in Field Assistance Bulletin (FAB) 2003-03, the Department of Labor (DOL) indicated that allocating plan expenses is a fiduciary decision that requires fiduciaries to act prudently… Whatever allocation method is used, failure by fiduciaries to engage in a prudent process to consider an equitable method of allocation of plan costs and revenue sharing would be imprudent and a breach of fiduciary duty.”

Hey Joel! - Is There Regulatory Guidance That Would Indicate Whether Forcing Out Terminated Participants is Favorable to Keeping Them In?

Hey Joel! - Is There Regulatory Guidance That Would Indicate Whether Forcing Out Terminated Participants is Favorable to Keeping Them In?

Welcome to Hey Joel! This forum answers plan sponsor questions from all over the country by our in-house former practicing ERISA attorney.

Hey Joel - Is there regulatory guidance that would indicate whether forcing out terminated participants is favorable to keeping them in? What fiduciary liabilities are absolved by forcing them out (assuming this is consistent with the plan document)? ~ Responsible in Rhode Island