Recent guidance – some proposed and some final – relate to 401(k) plan fee disclosure and investment advice, as described in detail in my memo linked below:
- Service provider disclosure on Form 5500 Schedule C is now required for both direct and indirect compensation. This became effective with the 5500s for the 2009 plan years.
- Fee disclosure by service providers to responsible plan fiduciaries to show reasonableness of contract (required by service-provider exemption of ERISA § 408(b)(2)) as specified in interim final DOL regulations published in July of this year will become effective July 16, 2011.
- Fee disclosure by fiduciaries to participants for participant-directed 401(k) plans regarding investment options with a comparative chart of investment options and with the administrative expenses of each option would be required under proposed DOL regulations issued in July of 2008. However, these regulations have to date not been finalized.
- Regulations regarding investment advice arrangements that are permitted by the Pension Protection Act where there is level-fee or computer model arrangements were issued in final form in January 2009, but was deferred several times and then withdrawn, and will apparently be the subject of new proposed regulations to be issued.
For further details see memo at
http://www.ebeclaw.com/ebeclaw/memos/EBEC_Law_Update_-_Fee_Disclosure_and_Investment_Advice_Guidance.pdf
Charlie Shulman
cshulman@ebeclaw.com
RSS Feeds