Jump to content

Employer Paid Plan Fees - ERISA 403(b) Status

Recommended Posts

Yes, I would.  It would be impermissible to pay settlor fees from plan assets, so if the DOL used those payments as indications of an ERISA plan, it would make it impossible to have a non-ERISA plan.  I was interpreting "related 403(b) fees" as meaning fees associated with the management of assets under the contract itself.

  • Like 1
Link to post
Share on other sites

Well, there is always the question of whether the DOL is right in saying that 403(b) plans need not be ERISA plans, even if the employer has a written plan document that complies with IRS requirements.  I suppose a participant lawsuit could argue otherwise.  But barring that, compliance with the DOL's enforcement position seems safe.

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Create New...