Eliminating Your Fiduciary Liability
By sponsoring a retirement plan, your company is liable for the plan’s operations. That liability filters down personally to all owners, officers, and employees who control the plan. These individuals become personally liable for the plan’s operations. This is true even if these individuals aren’t aware of or didn’t agree to assume such liability.
ERISA Fiduciary Services, Inc. eliminates your personal liability in two ways:
- By acting as Named Fiduciary for your plan
- By acting as Plan Administrator for your plan
- Every plan must have a Named Fiduciary who is responsible by law for everything that goes on with the plan.
- In addition, every plan must have a Plan Administrator who is responsible by law for signing and filing all tax forms and for making all required disclosures to participants.
- Most plan sponsors act as both Named Fiduciary and Plan Administrator for their plans and aren’t even aware of it.
- Failures in these areas can subject you to taxes, penalties, and interest, loss of your plan’s favorable tax status, and personal liability for any losses.
By assuming these roles, ERISA Fiduciary Services, Inc. eliminates your personal liability, including:
- Maintaining the plan’s tax qualified status and making sure it operates according to the plan terms.
- Signing the 5500 Form and being responsible for its content and for any errors and penalties.
- Fiduciary oversight of the plan’s investments.
- Making sure all participant disclosures get prepared
and distributed. - Monitoring and benchmarking all providers and expenses.
- Establishing and documenting formal review procedures for use on audit.
The Key Features Of Our Services:
- We don’t require replacement of any of your current plan providers
- We eliminate liability for you and your officers and employees
- Your personal liability is shifted to experts specifically dedicated to the plan on a fiduciary basis
- You get the expertise and knowledge of experienced retirement plan professionals, including an ERISA attorney on staff
- You get expert monitoring of all plan operations, providers, and fees, benchmarked against industry standards
- The cost is minimal and can be paid by the plan
- You still retain complete control over the plan and all providers