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Final QDIA Regulations Require Immediate Consideration by Plan Fiduciaries
McDermott Will & Emery 
Nov. 13, 2007
Excerpt: Plan sponsors are not required to comply with the QDIA final regulations. Indeed, if a plan requires participants to make affirmative investment elections upon enrollment, the QDIA regulations will not apply to those decisions. Moreover, even where a plan uses default investment funds, the regulations clearly provide that they are not the exclusive means by which a fiduciary may satisfy the ERISA fiduciary responsibilities with regard to a plan's default fund. Failure to comply with the regulations means that the plan fiduciary is responsible for the default investment decision.
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