I find many people have not yet heard about this issue so here it is. As part of the new requirement for disclosing information regarding 401K, the Labor Department issued guidance on the rules requiring
companies to disclose 401(k) fees to employees.
This may raise more questions if you happen to work for certain small companies with 401(k) plans.
Under DOL
regulations, employers have to provide fee information by August 30 to
employees on every “designated investment alternative,” or investment
choice they offer in their 401(k) plans.
The requirement became
more complicated when the DOL published guidance about complying with the rules when
it comes to brokerage windows or self directed brokerage accounts in May.
Some
401(k) plans offer brokerage windows with other investment
choices in their plans, to enable employees to invest in many
different investment vehicles, such as mutual funds and individual
securities.
Monitoring the investments within these brokerage windows was not the responsibility of employers according to previous rules, they were only responsible for the investment choices they put in their plans for
employees.
Now DOL says that employers would
have to monitor and disclose not just fees on the investments they offer
within their plans, but also on the investments within their brokerage
windows.
It's the first time
employers could be held responsible for overseeing the investments
within their brokerage windows.
Monday, the DOL made clarification, stating that employers
would not be held liable for monitoring and disclosing the fees of all
the investments within those windows. If a plan does not have
“designated investment alternatives,”, that would “raise
questions” about its “fiduciary duties of prudence and loyalty.” in other words are they doing the best they can.
Most mid to large sized 401(k) plans with brokerage windows do offer a
number of other investment choices, however many small plans – especially ones with professional employees, such as lawyers or doctors – only
offer brokerage windows. These companies may now have to address their plan design or risk getting in trouble with the DOL.
Hope this makes things a little more clear.
This posting is for educational purposes only and is not meant to be a solicitation to buy or sell any product.
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