Plan enrollment/education meetings are more than just an exercise

Ary Rosenbaum - The Rosenbaum Law Firm P.C.
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Ary Rosenbaum - The Rosenbaum Law Firm P.C.

As a 401(k) plan sponsor, you need to understand that an integral part of limiting your liability when participants are having plan enrollment/education meetings.

You need to treat them less as a nuisance and more of a tool in limiting your liability. When a participant is directing their own investment, you need to provide participants with enough information for them to make informed investment decisions. A great tool in providing that information is making sure your financial advisor provides investment education to plan participants.

You shouldn’t treat enrollment/education meetings as a nuisance like a visit to the dentist, They need to be held consistently and can’t be delayed. Not having these meetings is evidence that you weren’t fulfilling your role as a plan fiduciary in getting participants enough information they need to make informed investment decisions which are supposed to limit your liability under ERISA 404(c).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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