The DOL’s Three-Pronged Disclosure Approach

Below is an overview of the Department of Labor’s 3 pronged regulatory initiative aimed at increasing information Plan Sponsors, Fiduciaries, and Participants receive regarding fees and investment performance for Qualified Retirement Plans.

Form 5500 Schedule C

Overall Goal: public disclosure of service provider fees

  • For Large Plan Filers (over 100 participants)
  • Reporting Service Provider Fees over $5,000

408(b)(2) Fiduciary Disclosures

Overall Goal: assist Fiduciaries in determining reasonability of direct and indirect fees

  • Covered Service Providers (CSP) making over $1,000
  • CSP Must Provide Written Disclosure to Responsible Plan Fiduciary
  • Disclosing Both Direct and Indirect Compensation
  • Describing Services Provided
  • Disclosures due in advance of agreement changes or extensions

Participant-Directed Investment Disclosures

Overall Goal: provide participants with comparative investment information to

⇒ Increase Informed Decision-Making

⇒ Strengthen Competition Between Investment Products to Drive Down Fees

  • Applied to Self-directed Individual Account Plans
  • Disclose Performance in a Comparative Format
  • Disclose Fee Information
  • Provide a Website for Fund Information
  • Annual Disclosure of Performance Data and Fund Level Expenses
  • Quarterly Disclosure of Individual Expenses