In this episode of Friday Fiduciary Five, Eric Dyson talks about ERISA 404(c) protection. He emphasizes the importance of this regulatory Safe Harbor, which shields fiduciaries from liability for participant-directed investment outcomes if certain conditions are met. Key requirements include offering a broad range of investment options, daily liquidity (although not explicitly stated in 404(c) - the norm for these days),  and sufficient information for informed decisions. Also required disclosures to participants that the plan intends to comply with ERISA 404(c).  Eric notes that many plans may not fully comply, especially with explicit 404(c) disclosures. He advises plan fiduciaries to revisit their compliance, confirm distribution of 404(c) notices, and document their processes to ensure they meet all requirements.

Connect with Eric Dyson: 

Website: https://90northllc.com/

Phone: 940-248-4800

Email: [email protected] 

LinkedIn: https://www.linkedin.com/in/401kguy/ 

The information contained herein is general in nature and is provided solely for educational and informational purposes.

It is not intended to provide a specific recommendation of any type of product or service discussed in this presentation or to provide any warranties, financial advice, or legal advice.

The specific facts and circumstances of all qualified plans can vary, and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan specific circumstances.

The opinions expressed by guests on the Be More Than a Fiduciary podcast are not necessarily the same as the opinions held by 90 North Consulting, or of Executive Director Eric Dyson.