There is a big difference between "3(16) Services" and a 3(16) Fiduciary. Unlike a 3(16) Fiduciary, "3(16) Services" are a contractual obligation between a plan and a service provider. A 3(16) Fiduciary assumes not only tasks but the liability as well. If a breech, error or omission occurs a 3(16) Fiduciary will be held liable under ERISA regulations. The Department of Labor does not enforce the contractual obligations of a "3(16) Services" provider. Our Fiduciary Services is not conflicted by providing other services to the plan.
Hiring ERISA SMART as your 3(16) Fiduciary will allow you as the plan sponsor to delegate the day-to-day fiduciary responsibilities and liabilities to a team of ERISA experts and former Department of Labor Investigators. Among other things, never again will you have to approve loans, distributions and hardships. ERISA SMART will also sign and file your plans Form 5500 with the Department of Labor. Think of ERISA SMART as an extension of your benefits or human resources department at a fraction of the costs. We are a full scope fiduciary not a watered down version.
We utilize our own proprietary software to ensure your plan remains compliant and that all tasks associated with their duties is fully documented. Developed by former Department of Labor Investigators our technology implements the same strategy of an IRS or Department of Labor Audit
ERISA allows and sometimes encourages the outsourcing of fiduciary duties. By doing so you, as the employer can eliminate a substantial amount of your fiduciary risk and spend more time focusing on your business.
* Partial list see Service Agreement for full scope of engagement
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