The Department of Labor (DOL) has recently issued final regulations requiring covered service providers of pension benefit plans to disclose comprehensive information about their fees and potential conflicts of interest to ERISA-covered plan fiduciaries. These new regulations are effective July 1, 2012. Service providers not in compliance will be considered in violation of ERISA’s prohibited transaction rules and subject to penalties under the Internal Revenue Code.
In addition to these regulations, plan administrators will also be required to provide participants in participant-directed individual account plans information about plan and investment costs. Plan administrators for calendar year plans must now make the initial annual disclosure of “plan-level” and “investment-level” information (including associated fees and expenses) to participants no later than August 30, 2012, and the first quarterly statement (for fees incurred July through September) must be furnished no later than November 14, 2012.
As a plan sponsor what do these new fee disclosures mean to you? Historically, it has always been a challenge for plan sponsors and participants to have a clear understanding of the fees associated with the services being provided to them. Without this understanding, it can be difficult for plan sponsors and participants to make informed decisions related to their investment options. Part of the fiduciary duties of plan sponsors should be to compare their plan fees with plans similar to their own. As a plan sponsor, you do not need to have the lowest cost provider servicing your plan; you just need to be able to conclude that the fees you are paying are reasonable when compared to other similar plans. Communicating your due diligence to plan participants will be important in educating your participants as to what they can expect with these new disclosures.
We would be happy to discuss these regulations with respect to your plan in more detail.
By: Kristin Metzger, CPA





