Overseeing recordkeepers, TPAs, and advisers; proving fees reasonable; and insuring the plan and its fiduciaries.
Selection demands a documented comparison — services, fees, technology, references — typically via RFP for recordkeepers. Monitoring means annual performance and fee reviews, error tracking, cybersecurity checks, and a fresh market test every three to five years, all recorded in committee minutes.
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ERISA permits paying plan service providers only reasonable compensation for necessary services. Reasonableness is proven by disclosure (408(b)(2)), benchmarking against comparable plans, and periodic market testing — total compensation including revenue sharing and float, not just invoiced fees.
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Everyone who handles plan funds must be bonded for at least 10% of funds handled — minimum $1,000, capped at $500,000 per plan, or $1,000,000 for plans holding employer securities. The bond protects the plan against dishonesty and is legally required, unlike fiduciary insurance.
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Yes, in almost every case. Fiduciary liability insurance defends committee members and the company against ERISA breach claims — the exposure behind 401(k) fee litigation — covering defense costs, settlements, and judgments. It's voluntary, distinct from the required fidelity bond and from D&O coverage.
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Following DOL guidance, fiduciaries should ask vendors for their security program and standards, third-party audit results (like SOC 2 reports), breach history and response, data encryption practices, and contractual commitments to notification and liability — then revisit the answers annually.
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Put these answers to work
Fiduciary In A Box walks your team through every one of these requirements step by step —
documenting decisions, organizing files, and keeping your plan compliant year-round.
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