Pulled this brief blog post from Ary Rosenbaum's blog. Linked below.
http://www.jdsupra.com/legalnews/not-all-338-fiduciaries-are-alike-01959/
In this post Ary discusses one of the current industry trends, the selling of 3(38) services and discusses briefly how they come in different shapes and sizes and he equates many of these new services to getting a meal at McDonald's. Love his sarcasm.
About 18 months ago, I authored a paper on this topic as well. It has many of the same themes as Ary's post, but goes a bit deeper into the topic. Below is a link to that paper. Enjoy!
https://www.unifiedtrust.com/documents/Third-Party-Fiduciaries-Myth-and-Reality.pdf
A forum to discuss all issues pertaining to qualified retirement plans; including 401(k), profit sharing, defined contribution, defined benefit and employee benefits. Included will be fiduciary responsibility and liability, ERISA Sections 3(21) and 3(38), Fee Disclosure, fiduciary delegation, discretionary trustees, participant education, plan governance, Defined Goal investing, mutual funds, collective funds (CIFs), ETFs, Asset Allocation Models, Target Date/Risk and glide paths.
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