Since 1974 when ERISA was first enacted, plan sponsors have understood the “prudent person”1 rule that they must follow as fiduciaries, and the personal liability they face for losses caused by a breach of that duty.2

Today, new regulations mandating full fee transparency, a potentially expanding definition of fiduciary duties, and greater enforcement actions by the Department of Labor are ratcheting up the level of fiduciary risks for plan sponsors.

Retirement Partners of California can act as a Fiduciary to your plan for investment selection, helping your plan committee manage many of these mounting pressures.

Retirement Partners of California is a fee-based advisory firm providing advice to retirement plan sponsors as a 3(38) ERISA fiduciary and 3(21) ERISA fiduciary for investment selection,³ committed to acting solely in the best interests of the plan and its participants.

As your fee-based retirement plan advisor we are not compensated for the sale of a product but rather an agreed upon fee paid directly by the plan sponsor client and/or out of plan assets. And finally, because our financial advisors disclose services, fees and fiduciary status, it meets the Department of Labor 408(b)(2) disclosure requirements.

Three Key Benefits for Plan Sponsors

Empowered by objective, truly independent fiduciary advice, your retirement plan committee will receive:

  1. Keen insights and best practices to help navigate a maze of complicated regulatory issues and disclosure requirements
  2. Purpose-built tools to provide recommendations and monitoring of investments and investment performance, which help you document a prudent investment process as a fiduciary
  3. Access to comprehensive financial education and enrollment programs designed to improve retirement readiness for your employees

A Complete Array of Fiduciary and Non-Fiduciary Services

Our 401k specialists can provide value through an array of services including:

  • Investment policy statement (IPS) creation and monitoring
  • Ongoing investment monitoring
  • Assistance with changes in investment options
  • Ongoing investment recommendations
  • Performance reports
  • Qualified default investment alternative (QDIA) assistance
  • 404(c) assistance
  • Participant enrollment
  • Participation education
  • Plan search support/vendor analysis
  • Benchmarking services

Next Step:

Learn how Retirement Partners of California can help you with your fiduciary responsibilities, promote retirement readiness for your employees, and support the overall effectiveness of your retirement plan, book a consultation today.


1 ERISA sections 404(a)(1), 404(a)(1)(A), and 404(a)(a)(B).

2  ERISA section 409(a).

3 ERISA section 3(21)(A) provides that a person is a fiduciary with respect to an employee benefit plan to the extent that such a person, among other things, exercises any discretionary authority or control over the management of the plan or disposition of plan assets; renders investment advice for a fee or other compensation, direct or indirect, with respect to any moneys or other property of such plan; or has any discretionary authority or discretionary responsibility in the administration of such plan

For plan sponsor use only, not for use with participants or the general public. This information is not intended as authoritative guidance or tax or legal advice. You should consult with your attorney or tax advisor for guidance on your specific situation.

Kmotion, Inc., 412 Beavercreek Road, Suite 611, Oregon City, OR 97045;

©2020 Kmotion, Inc. This newsletter is a publication of Kmotion, Inc., whose role is solely that of publisher. The articles and opinions in this publication are for general information only and are not intended to provide tax or legal advice or recommendations for any particular situation or type of retirement plan. Nothing in this publication should be construed as legal or tax guidance; nor as the sole authority on any regulation, law or ruling as it applies to a specific plan or situation. Plan sponsors should consult the plan’s legal counsel or tax advisor for advice regarding plan-specific issues.