Tax Facts

4133 / What is a responsible plan fiduciary?

The final regulations define a responsible plan fiduciary as a fiduciary who has the authority to cause a plan to enter into or extend a contract or agreement with a service provider. Most plan documents assign this responsibility to the plan administrator, which, under the terms of the plan, may be the employer. The regulations do not appear to provide any special protections for fiduciaries other than a responsible plan fiduciary.1

1. Labor Reg. § 2550.408b(c)(1)(viii).

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