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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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