Is your company's plan a 401(k) Master's Plan?

Key Mistakes That Could Doom Your Plan
- Not having the expertise to properly manage your plan.
- Relying on financial services sales people for advice(who have no notable liability to the plan) instead of financial firm who can provide proper fiduciary support.
- Believing that financial services sales people or the companies they represent is most interested in the plan and it's participants.
- Not understanding the important ERISA requirements to properly running the plan. These ERISA responsiblities and liabilities fall on the plan sponsor not the financial sales person.
- Failing to know that plan sponsors can be held personally responsible for their ERISA mistakes.
Fiduciary Liability for 401(k) Plans
- Department of Labor (DOL) imposes one of the strictest standards of care on 401(K) plan fiduciaries through the Employee Retirement Security Act (ERISA).
- Failing to comply with the standard of conduct can create personal liability for fiduciaries putting their personal assets (homes, bank accounts etc) at risk.
- Workign with an ERISA- defined 3(38) Investment Manager like the Simon Financial Group as opposed to the more common 401(k) Plan Financial Advisor will alleviate your fiduciary responsibility.
- The typical financial advisor of a 401(k) plan is an ERISA 3(21) fiduciary who has no legally defined discretion to the plan, therefore has no liability or culpability regarding the plan- all of this is the burden of the plan sponsor (company) i.e. fiduciary.
- The 401(k) plan- bring on an ERISA defined 3(38) Investment Manager.
ERISA 3(21) Advisor
- Financial Advisors and/or Financial Consultants representing Broker Dealers, Financial Firms, etc.
- Taksed with assisting, helping or advising the plan sponsors as the Employer (plan sponsor) itslef makes the actual decisions.
- An ERISA 3(21) fiduciary makes only recommendations for which it has no legal responsibiliyt or liabiliyt because they have no ERISA-defined discretion.
ERISA 3(38) Advisor

- Registered Investment Advisor like Simon Financial Group who is subject to Investment Advisor Act of 1940.
- Decideds what investment options are available to employees, advises the plan participants, continually monitors the plan.
- An ERISA 3(38) fiduciary has legally defined discretion for which it is legally liable and for which the plan sponsor (employer) is no longer liable.

