Craig Harrell

Ask Nyhart articles written by Craig:

• How does ERISA §404(a)(5) interact with ERISA §404(c)?

  The regulations moved all of the disclosure requirements under 404(c) to the new disclosure requirements under 404(a) and modified some of the disclosures.  The only two disclosure requirements left under [...]

• Can disclosure be made electronically under the ERISA §404(a)(5) Regulations?

  Yes.  Plan-related information included in the participant benefit statements may be disclosed electronically under the electronic distribution rules that apply to benefit statements. However, investment-related information, while it may be [...]

• What are “covered services” under ERISA §408(b)(2) plan sponsor fee disclosure regulations?

  Services in any of the categories below are covered by the regulations: Services as a fiduciary or registered investment advisor (RIA). Services provided directly to a covered plan in the [...]

• What types of compensation are defined in the ERISA §408(b)(2) regulations?

  Direct compensation is received directly from the plan. Indirect compensation is compensation that is received from any source other than the plan, the plan sponsor, the covered service provider, an [...]

• Is there a way to avoid getting refunds from failed annual discrimination testing of our 401(k) plan?

  In most cases, a 401(k) plan must perform a numeric test on participant salary deferral contributions and employer matching contributions, if any are made under the plan.  Regulations that apply [...]