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Anthony Powers Anthony Powers

ERISA 3(38) Fiduciary Services

Most organizations’ human resource departments and C-suites are seeking efficiencies and risk mitigation for their entities. For these, and a myriad of other, reasons, plan sponsors are giving 3(38) fiduciary discretionary investment management services a closer look.

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Anthony Powers Anthony Powers

7 Ways to Reduce Fiduciary Liability

In 2020, nearly 100 lawsuits alleging breach of fiduciary duty were filed. With the number of 401(k) lawsuits on the rise targeting plans both large and small, sponsors are well-advised to consider taking additional measures to mitigate fiduciary risk where practicable.

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Anthony Powers Anthony Powers

Common Fiduciary Errors

An ounce of prevention is worth a pound of cure. This saying is universal, and certainly applies to fiduciary responsibility. Beginning the year with an eye towards avoiding some of the most common errors makes sense. Most fiduciary errors are unintentional or even well meaning. Here are some examples.

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Anthony Powers Anthony Powers

Should You Adopt a Plan Committee Charter?

The primary purpose of a committee charter is to document overall plan governance. It is not dissimilar to how your Investment Policy Statement (IPS) acts as a “roadmap” for managing your plan investments.

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Anthony Powers Anthony Powers

Should Fiduciaries Outsource Retirement Plan Investment Responsibility?

Fiduciaries are personally responsible for participant losses resulting from a fiduciary breach. Plan sponsor fiduciaries who handle plan investments themselves, or use advisors who do not assume fiduciary status, face potential exposure for both investment performance and all plan fees.

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