youngbenefitslawyer Posted June 16 Posted June 16 Please share any DOL guidance or opinion letters you may have come across that address the issue of determining whether compensation paid to an investment manager hired for the sole purpose of managing a plan's assets is reasonable compensation under 2550-408c-2(b)(1) - (b)(4). Investment manager is a fiduciary.
david rigby Posted June 17 Posted June 17 Not my area of expertise, but it's possible you can get some value by searching this forum: https://benefitslink.com/boards/forum/68-investment-issues-including-self-directed/ 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.
Artie M Posted June 17 Posted June 17 You are not going to get any specific authority as the determination of "reasonable compensation" is based on ALL the facts and circumstances surrounding the specific inquiry. You may find a few court cases holding whether the payments in those cases were reasonable but unless your set of facts line up exactly with the facts of those specific cases, they likely would not provide sufficient authority for whatever you are trying to determine. For instances, there are several recent excessive fee cases that have been dismissed because the plaintiffs merely alleged that the service providers in their cases were paid more than other providers providing similar services because the court stated that they didn't show how the services in their cases were the same as the services provided in the cases cited. Just my thoughts so DO NOT take my ramblings as advice.
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now