Guest RAR Posted March 5, 2000 Posted March 5, 2000 A third party provider (financial services firm) proposes to an employer that it provide financial planning services to soon to be retiring employees on issues ranging from 401(k) rollover to IRA and other distribution options and rules relating thereto, health care insurance options, and other issues encountered in retirement. The third party provider would not provide recommendations regarding investments inside the 401(k). What liability would the employer (401(k) sponsor) possess, if any, under ERISA, if the employee-specific advice proved erroneous?
Jon Chambers Posted March 10, 2000 Posted March 10, 2000 Selecting the designated provider is a fiduciary act. Although the sponsor probably wouldn't be liable for specific erroneous advice, if there was a pattern of imprudent advice (e.g. always recommending the provider's own investment products), it's conceivable that employees could claim the provider selection was imprudent, hence the sponsor would be responsible. There is little guidance, regulatory or case law, in this area. ------------------ Jon C. Chambers Principal Schultz Collins Lawson Chambers, Inc. (415) 291-3004 Jon C. Chambers Schultz Collins Lawson Chambers, Inc. Investment Consultants
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