Ask Your Legal Question. Legal Experts Answer You ASAP.

(Not a Legal Question?)

Should physicians be the trustees to their corporate profit ...

Sent to Legal Experts February 22 2008 at 8:50 AM
   

Should physicians be the trustees to their corporate profit sharing plans? If so, what is their exposure to liability from participants who sue for a lack of investment performance? Are there methods to minimize this exposure? Do they eliminate liability if they turn the trusteeship over to a third party? What does that normally cost for a plan of $20 million and 125 participants?

 

Optional Information:
Atlanta, Georgia

Already Tried:
Searching the internet for various articles

Customer (name blocked for privacy)
Answer
February 22 2008 at 5:43 PM (8 hours and 53 minutes and 24 seconds later)
         
ACCEPTEDCheck Mark

If individual physicians are the trustees for their corporate retirement plan then they do assume additional responsibilities (which will depend on the provisions of the plan document) and hence incur more liability then if a corporate trustee was appointed. However, some of these responsibilities can be delegated by hiring actuaries, consultants, custodians, investment advisors, and other professionals to perform certain functions. The plan sponsor (employer) cannot relieve themselves of all responsibility by hiring other professionals or by appointing a corporate trustee. The employer still has the responsibility of monitoring the actions and performance of the corporate trustee and other providers. Anyone that exercises discretionary authority or control over the management of a plan, the management or disposition of plan assets, or the administration of the plan is a fiduciary and has some liability. Fiduciary liability can be minimized by complying with ERISA requirements, having an investment policy statement, appointing a plan investment committee to conduct periodic meetings and reviews, and purchasing fiduciary liability insurance. Corporate trustee fees are usually based on a percentage of plan assets and will vary depending on the type of plan (401(k), defined benefit pension, etc.) and the functions be performed (whether the trustee is acting as a directed trustee or a discretionary trustee). A directed trustee holds the assets, makes distributions, and carries out the investment directions of the employer or the assigned investment advisor of the plan. A discretionary trustee performs the same functions as a directed trustee but also selects and manages the investments. The fees for a full trustee are higher than for a directed trustee. The fees are usually a percentage of assets and for a $20,000,000 - 401(k) directed trustee plan the fees may be .1% - .2% ($20,000 - $40,000) and for a full trustee plan may be .6% - .8% ($120,000 - $160,000). The fees will also vary depending on the investments in the plan (mutual funds, in-house collective bank funds, individual securities, etc) and the use of other providers to perform some of the functions.

http://www.bizjournals.com/louisville/stories/2004/01/05/smallb3.html?page=2

http://www.investopedia.com/ask/answers/03/061003.asp

http://www.aon.com/about/publications/pdf/issues/ar_2005_autumn_rosseau_fiduciary_duties.pdf

http://www.dol.gov/ebsa/pdf/fab-2004-3.pdf

 




If my response has been helpful, please press the GREEN ACCEPT button. If you need additional information or clarification, please let me know. Any feedback and bonuses are appreciated.
Think you can answer this question?
Login or Become an Expert

 

DISCLAIMER: You acknowledge that any information you may obtain from individuals you contact through use of the JustAnswer service comes from those individuals, not from JustAnswer, and that JustAnswer is not in any way responsible for any of the information these third parties may supply. The site and services are provided "as is" with no warranty and no representations are made regarding the qualification of an Expert. Responses and comments on JustAnswer are for general information and are not intended to substitute for informed professional advice (such as medical, legal, investment or accounting) and do not establish a professional-client relationship. JustAnswer is not intended or designed to address EMERGENCY QUESTIONS which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.

JustAnswer > Legal