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The Day After the 408(b)(2) Effective Date: What Happens on July 2, 2012? (PDF)

"[There are] three reasons why a fiduciary may find their July 2, 2012 occupied with the preparation of written requests for information from their [covered service provider, or 'CSP'] including: 1. The CSP failed to provide any disclosures, 2. The CSP provided incomplete disclosures, or 3. Additional information is necessary to determine if the contract or arrangement is prudent and/or conflict free."

Pension Risk Management: Derivatives, Fiduciary Duty and Process (PDF)

64 pages. Excerpt: Recognizing that meaningful change, as needed, cannot occur without knowledge of the status quo, the objectives of this research are threefold – (a) understand why and how plan sponsors employ derivative instruments, if at all (b) identify what plan sponsors are doing to address investment risk in the context of fiduciary responsibilities and (c) assess if and how plan sponsors vet the way in which their external money managers handle investment risk, including the valuation of instruments which do not trade in a ready market.

New Study Addresses Pension Risk Management Gaps

Excerpt: Pension Governance, LLC is pleased to make available a new research report that explores current pension risk management practices. In what is believed to be a unique large-scale assessment of pension risk practices since the publication of a 1998 study by Levich et al., this survey of 162 U.S. and Canadian plan sponsors seeks to: (1) understand why and how pension plans employ derivative instruments, if they are used at all (2) identify what plan sponsors are doing to address investment risk in the context of fiduciary responsibilities and (3) assess if and how plan sponsors vet the way in which their external money managers handle investment risk, including the valuation of instruments which do not trade in a ready market. The report was written by Dr. Susan Mangiero, AIFA, AVA, CFA, FRM, with funding from the Society of Actuaries.

Private Education 403(b) Plans: Better Services -- If You Know How to Get Them

"Many [private educational] institutions have already accepted the increased responsibility and regulatory burden of the [403(b)] plan document requirements implemented by the IRS in 2009. This new obligation to assess fee reasonableness is another step in the evolution to a more regulated environment for 403(b) plan sponsors. The Labor Department's rules compel institutions to engage in and to keep a written record of the fee evaluation process. If they don't, they risk the consequences."

Confirm Credentials and ERISA Bonds for Internal Staff, Plan Fidiciaries and Vendors

"Bonding exposures can arise in audit or as part of a broader fiduciary investigation. The likelihood of discovery in an audit or investigation by the Labor Department in the course of an audit is high, as review of bonding is a standard part of audits and investigations.... In the best case scenario, where the bonding noncompliance comes to light in the course of an EBSA audit where no plan loss resulted, the responsible fiduciary generally runs at least a risk that EBSA will assess the 20 percent fiduciary penalty under ERISA Section 502(l)."