Periodically Evaluating Retirement Plan Providers

Retirement Plan Committees must perform a structured evaluation process

 

Employer retirement plan committees hold a significant responsibility in managing and overseeing retirement plans. One of the critical aspects of this oversight is the periodic and formal evaluation of all plan providers, including recordkeepers, advisors, and other service providers. Let’s delve into the importance of such evaluations, with an emphasis on the fiduciary obligations outlined by the Department of Labor (DOL) and how these evaluations contribute to the overall effectiveness and integrity of retirement plans.

Fiduciary Responsibility Under ERISA

The Employee Retirement Income Security Act (ERISA) mandates that plan fiduciaries act prudently and solely in the interest of the plan participants and beneficiaries. This fiduciary duty includes:

1. Duty of Loyalty: Ensuring that all decisions benefit the plan participants and beneficiaries.
2. Duty of Prudence: Acting with the care, skill, and diligence that a prudent person familiar with such matters would use.
3. Duty to Diversify Plan Investments: To minimize the risk of large losses.
4. Duty to Follow Plan Documents: Ensuring that all actions comply with the governing plan documents, provided they are consistent with ERISA.

The Role of Evaluation in Fiduciary Duty

1. Ensuring Quality and Competence of Service Providers

One of the primary reasons for periodically evaluating plan providers is to ensure they continue to meet the required standards of quality and competence. This evaluation process includes reviewing their performance, fees, and the services they offer. By conducting regular evaluations, committees can ensure that:

• Recordkeepers maintain accurate and timely records, provide reliable reporting, and offer robust customer service.
• Advisors deliver sound investment advice, appropriate investment options, and comprehensive participant education.

Maintaining high standards among service providers directly impacts the overall performance and efficiency of the retirement plan, ensuring participants receive the best possible support and returns on their investments.

2. Fee Reasonableness and Transparency

Another critical aspect of fiduciary responsibility is ensuring that the fees charged by plan providers are reasonable and transparent. The DOL emphasizes the importance of understanding and assessing the fees associated with each service provider.

Excessive fees can significantly erode the retirement savings of participants over time. Periodic evaluations help committees:

• Compare the fees charged by current providers with industry benchmarks and competitors.
• Negotiate better terms or switch to more cost-effective providers if necessary.
• Ensure that all fees are fully disclosed and understood by the committee and participants.

3. Monitoring Compliance and Performance

Regular evaluations also serve to monitor the ongoing compliance and performance of plan providers. This includes:

• Compliance with Legal and Regulatory Requirements: Ensuring providers adhere to ERISA regulations and other applicable laws.
• Performance Benchmarks: Assessing the performance of investment options and other services against established benchmarks and industry standards.
• Service Level Agreements: Reviewing adherence to SLAs to ensure that the providers are delivering the promised level of service.

4. Mitigating Risk and Liability

By actively monitoring and evaluating plan providers, committees can mitigate potential risks and liabilities. This proactive approach helps in:

• Identifying and addressing any issues or deficiencies in service provision before they escalate.
• Ensuring that the plan remains compliant with ERISA and other regulations, thereby reducing the risk of legal action.
• Demonstrating a prudent and diligent approach to managing the plan, which can protect the committee and the organization from fiduciary breaches and associated penalties.

Implementing a Formal Evaluation Process

To effectively fulfill their fiduciary duties, committees should implement a formal and structured evaluation process. This process should include:

1. Regularly Scheduled Reviews: Establishing a timetable for periodic evaluations (e.g., annually or bi-annually) to ensure consistent oversight.
2. Comprehensive Assessment Criteria: Developing criteria that cover all aspects of provider performance, including service quality, fees, compliance, and participant satisfaction.
3. Documentation and Reporting: Keeping detailed records of the evaluation process, findings, and any actions taken as a result of the evaluations. This documentation is crucial for demonstrating fiduciary diligence.
4. Engaging Independent Auditors or Advisors: When necessary, committees can benefit from the expertise of independent auditors or advisors to provide an unbiased assessment of providers.

Safeguarding Employees

Periodic and formal evaluations of retirement plan providers are a fundamental aspect of fulfilling fiduciary responsibilities under ERISA. These evaluations help ensure that service providers maintain high standards and, ultimately, act in the best interest of plan participants and beneficiaries.

By implementing a structured evaluation process, retirement plan committees can enhance the integrity and effectiveness of their retirement plans, thereby safeguarding the financial futures of their employees.

 

Important Disclosures

This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal or investment advice. If you are seeking investment advice specific to your needs, such advice services must be obtained on your own separate from this educational material.

This article was prepared by FMeX.

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