Who must make participant fee disclosures under ERISA §404(a)(5)?

Disclosure is the responsibility of the plan administrator as defined in the plan document.  Absent a designation of someone as the plan administrator, the employer shall be the plan administrator.

However, if a plan administrator reasonably and in good faith relies on information from a service provider or issuer of a designated investment alternative, the plan administrator is not liable for the completeness and accuracy of the information.

This article was last updated on August 22, 2012


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