austin3515 Posted August 14, 2003 Posted August 14, 2003 Can a sponsor sponsoring a 401(k) plan stop paying administrative expenses, and instead charge them to participants on a monthly/quarterly basis without notifying participants of the change? Assume the document allows payment of expenses, and that the expenses are reasonable (flat charge per month per head). Austin Powers, CPA, QPA, ERPA
R. Butler Posted August 14, 2003 Posted August 14, 2003 The new SPD rules require that you give some form of notice in the SPD (or I guess SMM, if you aren't restating the SPD).
Brian Gallagher Posted August 14, 2003 Posted August 14, 2003 Also, I would think that the participants would only pay the expenses that accrue going forward (after the effective date of the amendment). A company couldn't wrack up $10,000 in expenses over the past three years and then pass that on to the partiicpants. Could they? Remember: two wrongs don't make a right, but three rights make a left.
austin3515 Posted August 15, 2003 Author Posted August 15, 2003 Can it be a vague reference? Like "fees may be deducted?" or "if fees are deducted it will be based on account balance size?" Austin Powers, CPA, QPA, ERPA
david rigby Posted August 15, 2003 Posted August 15, 2003 In the post-Enron days, why would a plan sponsor want to go down that road of ambiguity, and open the door to later charges of intentionally trying to hide something? I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
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