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Admnistration of Government Plan


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As a matter of law, is the employer/sponsor under a local government plan a fiduciary with respect to the plan?

Is the employer/sponsor of a local government plan legally responsible for its administration?

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Unless state law provides otherwise, whether a local government is a plan fiduciary or responsible to administer the plan depends on what the plan says. Most local government plans with which I am familiar designate the local government as the plan administrator. The plan could allocate all fiduciary and admnistrative responsibilities to someone other than the local government, in which case the local government would not be a fiduciary and would not be responsible to administer the plan.

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