Fiduciary Outsourcing
We Don't Just Advise. We Take Responsibility.
ERISA SMART assumes fiduciary authority, makes decisions, oversees service providers, and takes full responsibility for the functions entrusted to us — so you don't have to.
Not Another Service Provider
Most retirement plan vendors offer advice, recommendations, and reports. ERISA SMART is different. When you engage us as your 402(a) Named Fiduciary and 3(16) Administrative Fiduciary, we step into the plan and accept legal responsibility for the administrative functions we oversee. We are not a recordkeeper, not a TPA, and not an investment advisor. We are a professional fiduciary firm — and that distinction matters.
What Is a 3(16) Fiduciary?
Under ERISA, a 3(16) Administrative Fiduciary is the individual or entity named in the plan document as responsible for the day-to-day administration of the retirement plan. This includes ensuring the plan operates in compliance with its terms, overseeing service providers, managing participant communications, and making administrative decisions that affect plan participants.
Named in the Plan Document
The 3(16) fiduciary is formally designated in the plan document, creating a legally binding fiduciary obligation — not just a contractual service arrangement.
Decision-Making Authority
Unlike a consultant who recommends, the 3(16) fiduciary makes binding administrative decisions on behalf of the plan and its participants.
Oversight of Service Providers
The 3(16) fiduciary monitors and evaluates recordkeepers, TPAs, and other vendors — holding them accountable to the plan's terms and ERISA's standards.
Participant Protection
Every decision made by the 3(16) fiduciary must be made solely in the interest of plan participants and beneficiaries — not the employer, not the vendor.
What Is a 402(a) Named Fiduciary?
ERISA Section 402(a) requires every retirement plan to name at least one fiduciary in the plan document. This Named Fiduciary holds ultimate authority over the plan and bears the highest level of fiduciary responsibility under the law. When ERISA SMART serves as your 402(a) Named Fiduciary, we formally accept that authority — and that accountability.
Ultimate Plan Authority
The 402(a) Named Fiduciary has the highest level of authority and accountability under ERISA. This is not a delegated role — it is the top of the fiduciary hierarchy.
Liability Shift to ERISA SMART
When we accept the Named Fiduciary role, the fiduciary liability for covered functions shifts from the plan sponsor to ERISA SMART — providing meaningful protection for your organization.
Formally Documented
The Named Fiduciary designation is written into the plan document and supported by a fiduciary services agreement, creating a clear, enforceable record of responsibility.
Why Plan Sponsors Choose ERISA SMART
Reduced Fiduciary Liability
Transfer meaningful fiduciary responsibility away from your organization and onto a professional firm built to carry it.
DOL-Ready Compliance
Our team includes former DOL Senior Investigators who know exactly what regulators look for — and how to ensure your plan is ready.
Participant-First Decisions
Every administrative decision we make is evaluated through a single lens: what is in the best interest of plan participants and beneficiaries.
Independent Oversight
We have no financial relationship with recordkeepers, investment managers, or TPAs. Our oversight is conflict-free and objective.
Complete Documentation
ERISA SMART is both a professional fiduciary firm and a technology company. Our proprietary technology automates compliance oversight and documents fiduciary decisions, creating a defensible audit trail for DOL investigations and participant complaints.
Professional Fiduciary Firm
ERISA SMART is not a side service of a larger financial firm. Fiduciary oversight is our core business — and we treat it that way.
Ready to Transfer the Burden?
Let ERISA SMART assume the fiduciary responsibility your plan requires. Contact us to learn how our 402(a)/3(16) services can protect your organization and your participants.
Contact Us