Business owners start retirement plans for the right reasons. They want to help employees save, compete for talent, and build something that serves people beyond the paycheck.
But qualified retirement plans come with responsibilities many owners do not realize they have.
In this episode of Fiduciary Alchemy, Craig talks with Jeff Atwell, Sr. VP Fiduciary Services at AmericanTCS Fiduciary Services, LLC, about ERISA, fiduciary duty, pooled employer plans, and the governance obligations that sit behind every qualified retirement plan.
Jeff has worked with retirement plans for decades and has been involved with more than 3,000 plans since 1978. He explains why every plan, whether it is a startup plan or a billion-dollar plan, has to follow the same core rules: the Internal Revenue Code, Department of Labor regulations, ERISA, and the plan’s legal documents.
Craig and Jeff dig into why “fiduciary duty” is not just a phrase buried in paperwork. ERISA expects plan fiduciaries to act as prudent experts. For many business owners, that standard is uncomfortable because they are already working full-time to stay expert in their own business.
Jeff explains how responsibility can reach the board of directors, officers, and committees overseeing the plan. He also shares why misuse of plan assets, late deposits, poor documentation, and failure to monitor service-provider compensation can turn into serious financial exposure.
One of the clearest examples comes from plan fees. If a plan sponsor cannot document that provider compensation is reasonable, Jeff explains how a seemingly routine $50,000 annual fee issue can become a $300,000 problem across a six-year lookback period.
The conversation also covers pooled employer plans, a structure Congress created in 2019 to help employers outsource more of the retirement plan governance burden to a prudent expert. Jeff explains why this has become attractive to business owners who want to offer a strong retirement benefit without personally carrying every governance responsibility.
This episode is for business owners, executives, and advisors who want to understand the risk behind qualified retirement plans before the Department of Labor or IRS forces the issue.
Want to learn more about Jeff Atwell’s work? Visit Fiduciary XChange at http://www.fiduciaryxchange.com.
You can reach Jeff Atwell directly at [email protected] or 972-358-6778.
Connect with Jeff Atwell on LinkedIn at https://www.linkedin.com/in/jeff-atwell-145bb122/.
Think you'd be a great guest on the show? Apply at https://fiduciaryalchemy.com/podcast/apply/.
Want to learn more about Craig Andrews' work? Check out https://fiduciaryalchemy.com/.