We are experienced as a Registered Investment Advisor specializing in qualified and non-qualified retirement plans.  

We serve as an ERISA §3(38) Investment Manager on over seventy-five 401(k), 403(b), and defined benefit plans. Our team has been advising on corporate sponsored retirement plans since 1999.  We bring a wealth of experience and expertise to plan sponsors and plan participants.

Our Scope of Fiduciary Services

  • Accept appointment as an ERISA §3(38) Investment Manager and an ERISA §3(21) Plan Advisor
  • Ensure that your qualified retirement plan is 404(c) compliant
  • Conduct regular fiduciary reviews of the plan investments with the Plan Sponsor Fiduciaries
  • Conduct semi-annual reviews of each participant account to ensure every plan participant is invested appropriately.
  • Work with Plan Sponsor to create and maintain a Fiduciary Audit File in both electronic and hardcopy formats
  • Conduct onsite enrollment meetings and lunch and learn education meetings for all Plan Participants
  • Provide individual and personal investment advice to each Plan Participant
  • Provide direct participant access to a CERTIFIED FINANCIAL PLANNER™ and an experienced 401(k) Advisor
  • Provide Institutional Share Class Mutual Funds averaging 0.25% in Expense Ratio
  • Access to a dedicated service team at Arista

What is an ERISA §3(38) Investment Manager?

Under the Employee Retirement Income Security Act (ERISA), a §3(38) Investment Manager can legally take upon themselves the responsibility and liability for the selection, monitoring, and performance of the investments in a qualified retirement plan.  Plan Sponsor Fiduciaries are permitted to hire a §3(38) Investment Manager and thereby relieve themselves of the majority of the liability with respect to plan investments.  Working with an ERISA §3(38) is the only liability “Safe Harbor” afforded to Plan Sponsor Fiduciaries under the law.

 

Who is considered a Plan Sponsor Fiduciary Under ERISA?

ERISA defines the following individuals as Plan Sponsor Fiduciaries: Plan Trustee, named Plan Administrator, and any member of a formal retirement plan committee who makes decisions on behalf of plan participants regarding the plan.

 

What are my legal duties as a Plan Sponsor Fiduciary under the law?

ERISA 404(a)(1)

…a fiduciary shall discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries and –

A) For the exclusive purpose of:

(i)   providing benefits to participants and their beneficiaries;

(ii)  defraying reasonable expenses of administering the plan…

 

DOL Reg. 2550.404a-1, Investment Duties

(a) In general Section 404(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (the Act) provides, in part, that a fiduciary shall discharge his duties with respect to a plan 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 with like aims.

Under ERISA, Plan Sponsor Fiduciaries must always act in the best interests of plan participants by putting those interests before their own.  The law states that the liability associated with the duties and responsibilities of a Plan Sponsor Fiduciary is personal liability. Plan Sponsor Fiduciaries are solely liable and responsible for the selection, monitoring, fees and performance of the investments in your Plan.  The only way for a Plan Sponsor Fiduciary to relieve themselves of this liability is to hire an ERISA §3(38) Investment Manager.

 

Why work with an ERISA §3(38) Investment Manager and an ERISA §3(21) Advisor

1)  This is the only way to ensure that Plan Fiduciaries are legally relieved of the maximum amount of fiduciary liability burden under ERISA. 

2) This is the only way to ensure that your plan participants receive personal investment advice individualized to ensure each Participant’s retirement savings success. 

 3)  This is the only way to ensure that your 401(k) Provider/Advisor is legally obligated to put the interests of your plan participants first.