Fast facts about Section 408(b)(2)

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Section 408(b)(2), a 2012 regulation for retirement plan fiduciaries enacted by the Department of Labor, was effective Jan. 1, 2012. Here are some fast facts about 408(b)(2):

  • It affects all retirement plan fiduciaries, including plan sponsors and investment committee members.
  • It requires plan sponsors to understand all fees and expenses associated with their retirement plan.
  • It requires plan sponsors to have a contract or agreement, in writing, with their service providers disclosing all fees associated with your retirement plan, and it must be reasonable.
  • It requires plan sponsors to make sure services being performed are necessary to establish and operate a qualified plan.
  • It requires plan sponsors to make sure no more than reasonable compensation is paid for services performed, and their fees are competitive within the marketplace.
  • It requires service providers to provide full fee transparency not only to plan sponsors, but also to each plan participant.

Information provided by Oswald Financial.

 

Steps for plan sponsors in anticipation of 408(b)(2)

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Aiming to curb confusion, misunderstandings and lack of disclosure related to the fees associated with retirement plans, the Department of Labor has enacted a new regulation, Section 408(b)(2), effective Jan. 1, 2012.

To maintain compliance with this new regulation, there are several steps for sponsors to take:

  • Document your review and decision-making process.
  • Assess service providers’ competence by reviewing their references and credentials.
  • Compare providers’ services and compensation with offerings made to plans comparable to yours in terms of size and other characteristics.
  • Analyze vendors’ conflicts of interest.
  • Document the basis for the selection of the service providers.
  • Monitor the service providers.

Information provided by Oswald Financial.