A MANAGER S GUIDE TO STRATEGIC RETIREMENT PLAN MANAGEMENT in Visual Studio .NET

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A MANAGER S GUIDE TO STRATEGIC RETIREMENT PLAN MANAGEMENT
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identified during the search process basically what is important to you the client, what makes your organization different from all the rest. For example, if you identified improving employee participation as a goal, I would have this as a key benchmark during annual service reviews. If you identified employee communication meetings as critical, focus on the success of your vendor to run, manage, and educate employees. During the search process, we also highlight the entire fee and cost structure of your vendor relationship. Many vendors are compensated indirectly through asset-based fees. By having the total fee explicitly stated in the search process, this provides the groundwork for open, honest business discussions about ongoing service levels. At this meeting, we recommend that you spend time to identify goals for the coming year. This provides focus to your vendors and increases the likelihood of success. Without this focus, your vendors are basically in the dark about what you want to achieve. They then have to guess on issues like, Does client XYZ want to have employee meetings in their regional offices As the client, you should feel empowered to dial in the service level and requirements that you want understanding that some of the requests can be easily handled, while others may require some investment on your part. However, it is best to have this discussion rather than blindly accepting what your vendor recommends for clients like you (see Appendix B).
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Fiduciary Duty
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iduciary issues surrounding pension plans have been in the news lately and not for positive coverage. Trustees of pension plans are being sued by participants (e.g., Enron). This is not a welcome trend. Once being a fiduciary of a company plan was something that senior finance and human resource (HR) managers accepted routinely, without a second thought. Now, these very same managers are often asking themselves what have they gotten into.
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Fiduciary Basics
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The issue of fiduciary liability boils down to a single sentence: When you are holding money for other people, you must consider their needs exclusively. Let s start at the beginning
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Who Is a Fiduciary
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A person becomes a fiduciary by doing one of the following things: 1. 2. 3. Exercising discretionary control over management of the plan (for example, hiring investment managers, etc.), or Giving investment advice for a fee, or Exercising discretionary control over administration of the plan.
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Typical fiduciaries include boards of directors, members of retirement plan committees, and individual executives such as chief financial officers or investment managers. People who are not fiduciaries include legal 33
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A MANAGER S GUIDE TO STRATEGIC RETIREMENT PLAN MANAGEMENT
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counsel, accountants, actuaries, or third-party administrators. These service professionals usually limit their work to providing advice and counsel to plan sponsors, and do not have any discretion to make decisions. Notice that I wrote doing one of the following things to introduce the criteria for a fiduciary. This is critical. The Employee Retirement Income Security Act (ERISA) addresses the actual facts of the situation to determine if that action was a fiduciary act. Then, whoever made that decision is a de facto fiduciary. For example, a third-party administrator is not typically considered a fiduciary since he is only following the plan rules. However, if in the course of administering the plan the third-party administrator interpreted a particular section of the plan document, then this interpretation would be considered a fiduciary decision; hence, the third-party administrator would be considered a fiduciary for this act. As you can imagine, thirdparty administrators work very hard to have this not happen. That is why they will contact plan sponsors to sign off on any plan document interpretations that they make in taking care of the plan.
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What Must Fiduciaries Do
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ERISA places several restrictions on fiduciaries of pension plans. These restrictions have been called the highest known to law and are put into place to insure the retirement assets of beneficiaries. It is worthwhile to consider the specific language in ERISA spelling out standards of fiduciary conduct. In general, fiduciaries should:
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Act solely in the interest of the participants and beneficiaries. This priority should be in the front of every fiduciary s mind when he or she makes plan decisions that could affect participants. Act with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. This section is often cited as the part of the definition that elevates a fiduciary s conduct from the typical prudent man to prudent expert. You do not need to be an expert in retirement plans to act as a fiduciary, but this section clearly expects you to engage qualified professionals if you are in fact not qualified. Diversify the investments of the plan so as to minimize the risk of large losses (unless under the circumstances it is clearly prudent not to do so). Again, fiduciaries are responsible for holding money that belongs to others, so fiduciary standards take a very conservative viewpoint. The goal identified here can be summarized as follows: It is better to avoid a large loss than to achieve a large gain.
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