FAB 2009-02 clarification

[Santo Gold]

Can anyone help clarify what is meant in FAB 2009-02 that states:

The contract or custodial account is legally enforceable against the insurer or custodian by the participant alone, without any

employer involvement

I'm hung up on the "legally enforceable" part. Does this mean that the conditions and terms of the account are between the participant and the insurer and that the particpants does not need or require employer involvement in regard to any ongoing or future transactions in the account?

If the employer has to sign off as the Plan Administrator for loans and distributions, would that not meet this condition?

Thanks