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November 1, 2004    DOL > EBSA > Fiduciary Education Campaign   

Fiduciary Education Campaign

Getting It Right
Know Your Fiduciary Responsibilities

Secretary of Labor Elaine L. Chao launched a nationwide campaign to improve workers' health and retirement security by educating employers and service providers about their fiduciary responsibilities under the Employee Retirement Income Security Act (ERISA).  This is the latest in a series of compliance assistance initiatives by the Department's Employee Benefits Security Administration (EBSA).

Plan sponsors and other fiduciaries have a solemn responsibility to protect the interests of the workers and retirees in their benefit plans.  The Department's program - "Getting It Right - Know Your Fiduciary Responsibilities" - will provide employers and plan officials with an understanding of the law and their responsibilities and will focus on steps for avoiding the most common problems EBSA encounters in its enforcement activities.

The program will emphasize the obligation of plan sponsors and other fiduciaries to:

Upcoming Seminar Locations

Previous Seminar Locations

  • Burlington, MA

  • Columbus, OH

  • Kansas City, MO

  • Miami, FL

  • Philadelphia, PA

  • Phoenix, AZ

  • Understand the terms of their plans;

  • Select and monitor service providers carefully;

  • Make timely contributions to fund benefits;

  • Avoid prohibited transactions; and

  • Make timely disclosures to workers and their beneficiaries and reports to the government.

The Fiduciary Education Campaign includes nationwide educational seminars to help plan sponsors understand rules and meet their responsibilities to workers and retirees, thereby improving their financial security.  The campaign also includes educational materials on topics such as understanding fees and selecting an auditor.  EBSA is sponsoring the campaign in partnership with the Society of Human Resource Management, the National Federation of Independent Business, the U.S. Chamber of Commerce, the American Institute of Certified Public Accountants, and the U.S. Small Business Administration.

Publications

  • Meeting Your Fiduciary Responsibilities - To meet their responsibilities as plan sponsors, employers need to understand some basic rules, specifically the Employee Retirement Income Security Act (ERISA).  ERISA sets standards of conduct for those who manage an employee benefit plan and its assets (called fiduciaries).  This publication provides an overview of the basic fiduciary responsibilities applicable to retirement plans under the law.

  • Understanding Retirement Plan Fees And Expenses - This booklet will help retirement plan sponsors better understand and evaluate their plan's fees and expenses.  While the focus is on fees and expenses involved with 401(k) plans, many of the principles discussed in the booklet also will have application to all types of retirement plans.

  • 401(k) Plan Fee Disclosure Tool - A form that provides employers with a handy way to make cost-effective decisions and compare the investment fees and administrative costs of competing providers of plan services.

  • Selecting An Auditor For Your Employee Benefit Plan - Federal law requires employee benefit plans with 100 or more participants to have an audit as part of their obligation to file the Form 5500.  This booklet will assist plan administrators in selecting an auditor and reviewing the audit work and report.

  • Reporting and Disclosure Guide for Employee Benefit Plans - This guide is intended to be used as a quick reference tool for certain basic reporting and disclosure requirements under ERISA.

Voluntary Fiduciary Correction Program

The Voluntary Fiduciary Correction Program (VFCP) is designed to encourage employers to voluntarily comply with ERISA by self-correcting violations of the law. Workers can benefit from the program as a result of the increased retirement security associated with restoration of plan assets and payment of additional benefits. The program also will help plan officials understand the law. In addition, the Department is giving applicants immediate relief from payment of excise taxes under a class exemption.

Delinquent Filer Voluntary Compliance Program

The Delinquent Filer Voluntary Compliance Program (DFVC) is designed to encourage voluntary compliance with the annual reporting requirements under ERISA. The program gives delinquent plan administrators a way to avoid potentially higher civil penalty assessments by satisfying the program’s requirements and voluntarily paying a reduced penalty amount. To increase incentives for delinquent plan administrators to voluntarily comply, the Department reduced penalties and simplified the rules governing participation in the program.

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