Under ERISA fiduciaries have the following duties: loyalty, diversification, incur only reasonable costs, monitor investments and avoid prohibited transactions.
They can, and will, be held accountable for their actions. A breach of fiduciary duties could result in personal liability.
Thus, fiduciaries should become procedurally prudent.
Plan Sponsors or Investment Committees may hire a prudent expert to serve as a co-fiduciary and assist in fulfilling fiduciary responsibilities.
Retirement Advisors will serve as a 3(21) or 3(38) plan fiduciary.
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