Terminated service provider

[Guest RBeck]

If a turn-key service provider has been terminated, is that service provider under any obligation (legal or otherwise) to ensure the prospective qualification of the plan is assured? In other words, is it necessary to obtain guarantees to that effect from the soon-to-be former client or the stb former client's new service provider?

[rcline46]

Qualificatoin is the sponsors / trustees problem, not the service provider. Although most service providers attempt to keep plans qualified thru amendments and testing, and their service provider agreements say what the provider is responsible for doing, it is the fiduciary's responsibility.