Earl Posted March 1, 2019 Posted March 1, 2019 Can the Plan pay the expenses of a Trustee even if it is a Self-Trusteed Plan? Sounds like a PT but since Owner is wearing the Trustee hat at that moment is it ok? Thank you very much CBW
Peter Gulia Posted March 1, 2019 Posted March 1, 2019 A Labor department rule distinguishes compensation for services, overhead, and direct expenses. 29 C.F.R. § 2550.408c-2 https://www.ecfr.gov/cgi-bin/text-idx?SID=24dba48a3e2a9983025132fa53bf4ce0&mc=true&node=se29.9.2550_1408c_62&rgn=div8 For a fiduciary who gets full-time pay from the employer, that rule allows only a “reimbursement of direct expenses properly and actually incurred and not otherwise reimbursed.” Even then, a fiduciary must not benefit herself or a person in which the fiduciary has an interest that could affect the exercise of the fiduciary’s best judgment as a fiduciary. And there can be more restraints than those. Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
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