We encourage you to download the complete Department of Labor Brochure
The ERISA laws and the demands of the Department of Labor are constantly evolving. As a plan sponsor you are entrusted to protect the assets and property of your employees within a retirement plan, and your role has been clearly outlined by the Department of Labor under the Employee Retirement Income Security Act of 1974, known as ERISA. By not adhering to the rules outlined by the Dept. of Labor you could be putting yourself in the position of being held personally liable for errors and omissions.
Recent court decisions have indicated it is not who you choose to be; the administer, the custodian, and/or the money managers for your retirement plan, but rather how you select them. Our in-depth analysis of your selection process and the documentation of that process is sufficient to shift some of that liability.
‘An ounce of prevention is worth a pound of cure.’– Benjamin Franklin
At Guardian Plus we believe we can save you time, and therefore money, by providing you with professional and knowledgeable expertise regarding retirement plan compliance and investment selection with the goal of reducing your personal liability.
In 2012 the Department of Labor enacted new ERISA cost disclosure laws, with the aim of increasing plan transparency. In addition to this, the recent turmoil in the world economy has given rise to a dramatic increase in ERISA lawsuits.
We offer two levels of ERISA consulting which can help you:
ERISA Cost Compliance Review
You might be spending thousands of dollars a year in hidden costs associated with your retirement plan. Unfortunately for plan sponsors, and your employees, hidden costs persist within the retirement plans, and finding out exactly how much you are really spending can potentially save you and your employees.
The ERISA cost compliance review was created to highlight all disclosed and hidden costs that impact your retirement plan.
After the initial meeting, our team will review all costs associated with your plan, such as: admin, investing, custodian, trading, and other hidden cost, and then we will meet with you to present our analysis. Approx. Duration: 2-3 hours
ERISA Plan Compliance Consultation
The ERISA Plan Compliance Consultation review consists of analyzing your retirement plan and procedures. During the consolation, our job is to identify and shift some fiduciary liability in order to protect you.
Recent court decisions have indicated it is not who you choose, to be; the administer, the custodian, and the money managers for your retirement plan, but rather how you select them. By establishing and documenting proper procedures within your selection process, including your investment policy statement, a plan sponsor can shift a significant portion of their liability onto your service providers. Appox. Duration: 6-8 hours
Guardian Plus offers independent third party monitoring designed to act as a double check of the service providers. Once you have established processes and procedures, our monitoring services are conducted quarterly.
What is the next step?
Review the following questions for the Dept. of Labor. If you are unsure about any of the answers, please contact Guardian Plus Inc today to start limiting your liability.
– Does your plan have a written investment policy statement?
– Have you identified your plan fiduciaries, and have they acknowledge their fiduciary responsibility in writing?
– If participants make their own investment decisions, have you provided sufficient information for making investment decisions?
– Are you aware of the schedule to deposit participants’ contributions in the plan, and have you made sure it complies with the law?
– Have you documented the hiring process of all hired third-party service providers?
– Do you monitor your plan’s service providers?
– Have you identified parties in interest to the plan and taken steps to monitor transactions with them?
– Have you reviewed your plan document in light of current plan operations and made necessary updates?
– Do those individuals handling plan funds or other plan property have a fidelity bond?
Guardian Plus Inc. is a registered investment adviser in the State of Washington. The adviser may not transact business in states where it is not appropriately registered, excluded or exempted from registration. Individualized responses to persons that involve either the effecting of transaction in securities, or the rendering of personalized investment advice for compensation, will not be made without registration or exemption.