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20 Steps to 404(c) Compliance

  • The participant has an opportunity to obtain written confirmation of his instructions

  • The person to whom the instructions are given is an identified plan fiduciary who is obligated to comply with the instructions

  • The participant is provided by an identified plan fiduciary with the following:
    (1) An explanation that the plan is intended to be a 404(c) plan;
    (2) An explanation that the fiduciaries of the plan may be relieved of liability for losses;
    (3) A description of the investment alternatives available under the plan;
    (4) A general description of the investment objectives and risk and return characteristics of each designated alternative;
    (5) Identification of any designated investment managers;
    (6) An explanation about giving investment instructions;
    (7) A description of any transaction fees and expenses which affect the participant's account balance;
    (8) The name, address, and phone number of the plan fiduciary responsible for providing information;
    (9) Specified information regarding employer securities;
    (10) A copy of the most recent prospectus provided to the plan for investment alternatives subject to the Securities Act of 1933;
    (11) Any materials provided to the plan relating to the exercise of voting, tender or similar rights.

  • The participant is able to obtain upon request:
    (1) A description of the annual operating expenses of each designated investment alternative;
    (2) Copies of any prospectuses, financial statements and reports provided to the plan;
    (3) A list of the assets comprising the portfolio of each designated investment alternative;
    (4) Information concerning the value of shares or units in designated investment alternatives;
    (5) Information concerning the value of shares or units in designated investment alternatives held in the account of the participant.

  • Plan permits participants to give investment instructions with a frequency which is appropriate in light of market volatility.

  • The core investment alternatives, constituting a broad range, permit instructions at least once within any three-month period.

     
 


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