USING AN OPEN ARCHITECTURE PLATFORM.
Mr. Neal Kaye has created an Integrated Process Team (IPT) that strives to work with a multidisciplinary group of industry-leading companies who are collectively responsible for helping deliver a compliant retirement plan. This Integrated Process Team (IPT) works with industry-leading companies who are recognized for their specialized expertise. They plan, execute, and implement a coordinated process to address your particular circumstances using an open architecture platform.
WHAT ARE THE PRINCIPAL FEATURES OF THIS INTEGRATED PROCESS TEAM (IPT)?
- Our mission is to provide a superior participant experience. Attracting and retaining employees may be the highest priority for a sponsor (company owner). Our process is designed to help deliver a retirement plan that will distinguish your firm from your competition in the eyes of the staff you would like to attract or retain.
- We aim to deliver an improved retirement plan solution that we believe will be more functional, more affordable and more cost-effective than your current plan. And most importantly, we believe it will help the plan sponsor to fulfill their fiduciary responsibilities of the sponsor.
- Our process is a risk management concept that is forward-looking, structured, informative, and continuous. The key to this successful risk management is careful implementation and ongoing documentation.
- By recommending a fiduciary 3(16) and a fiduciary 3(38), our process helps take a large part of the fiduciary responsibility off the shoulders of the plan sponsor. We believe this is a critical distinction, and one of the core advantages of using our process.
THE KNOW-HOW TO GET THE JOB DONE
This Integrated Process Team (IPT) works with empowered representatives (stakeholders) from all of the functional areas involved with the plan—all who have a stake in its success, such as design, investment test & evaluation, and logistics personnel. We strive to work as a team to support the sponsor.
Because the activities of a plan evolve over its life cycle, the roles of various representatives change. Laws and the economy change which requires that one representative or another, with a particular expertise, may lead while the other representatives coordinate their areas of responsibility within a defined process. Ours is a continuous improvement process. It is an ongoing effort to improve our deliverables, services, and process.
HOW CAN WE HELP YOU DELEGATE FIDUCIARY RESPONSIBILITY?
The Employee Retirement Income Security Act of 1974 (“ERISA”) is the primary law governing the operation of employee benefit plans. Plan Sponsors may delegate certain fiduciary responsibilities to service providers. These are a 3(21), 3(16), and 3(38) ERISA fiduciary. An Employer’s fiduciary risk is never eliminated by hiring outside fiduciaries.
NEAL KAYE IS THE INTEGRATED PROCESS TEAM LEADER AND COORDINATES DELIVERY OF LIMITED SCOPE 3(21) FIDUCIARY SERVICES
ERISA contains the definitions of the terms used in the act.
The 21st definition (ERISA Section 3(21)) is the definition of a fiduciary:
- Anyone who makes decisions about managing the plan or its investments, such as selecting the investment choices for participants or hiring persons who provide services to the plan.
- Anyone who makes decisions about administering the plan, such as determining the eligibility of participants, providing benefit statements and making determinations on benefits claims.
- Anyone who is paid to provide investment advice to the plan 3(21) fiduciaries provide investment recommendations to the plan sponsor/trustee. The plan sponsor/trustee retains ultimate decision-making authority for the investments and may accept or reject the recommendations. Both share the fiduciary responsibility.
WE SEARCH FOR AND RECOMMEND AN INDEPENDENT 3(16) FIDUCIARY
Section 3(16) defines who may serve as the Plan Administrator. Unless the Plan Document expressly provides otherwise, the Plan Sponsor is considered the Plan Administrator. Plan Sponsors may hire an independent 3(16) Fiduciary who serves as the Plan Administrator. In that case, the independent 3(16) Fiduciary assumes the responsibility as the Plan Sponsor for plan administration.
A 3(16) Fiduciary should not be confused with a third-party administrator (“TPA”). The primary difference here is the level of discretionary control over the administration of the Plan. With a TPA, the Plan Sponsor delegates some of its administrative duties to the TPA, but retains discretionary control; whereas with an independent 3(16) Fiduciary, the Plan Sponsor delegates both its obligations and discretionary power.
WE SEARCH FOR AND RECOMMEND AN INDEPENDENT 3(38) FIDUCIARY
Section 3(38) requires that a 3(38) Fiduciary Investment Manager accept in writing the fiduciary delegation and be solely responsible for the selection, monitoring, and replacement of the Plan’s investment options. Plan Sponsors can delegate fiduciary responsibilities relating to the investment of Plan assets to an independent Investment Manager. A 3(38) fiduciary shall be a bank, an insurance company, or a Registered Investment Advisor (under the Investment Advisers Act of 1940.
- A 3(38) Fiduciary Investment Manager should not be confused with a 3(21) fiduciary Plan Advisor. A 3(21) fiduciary Plan Advisor provides recommendations and advice regarding investment options. The Plan Sponsor maintains the discretionary authority to accept or reject the recommendations of a 3(21) fiduciary Plan Advisor.
WE SEARCH FOR AND RECOMMEND AN INDEPENDENT RECORD KEEPER
The Record Keeper keeps the records of “who” owns “what.” Since the record keeper has a website where employees log in, and payroll data is uploaded, this is likely the company with whom your employees are most familiar.
What does a record keeper do? They process employee enrollment, manage and track employee investments. The record keeper produces plan documents that the employer will need to deliver to employees. We believe the record keeper's most important service is to provide your retirement plan participant educational support.
Listening, understanding, and responding to each participant's needs are crucial distinctions– and we believe these are the core advantages of using our Integrated Process Team (IPT).
Wells Fargo Advisors Financial Network is not a legal or tax advisor.