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What Corporate Lawyers Know About 401(k)s That Most Investors Don’t
Yahoo Finance· 2026-03-28 11:41
Core Insights - The article emphasizes the importance of understanding the fee structure of 401(k) plans, highlighting that many participants overlook the legal documents that detail fees and investment options [2][3]. Fee Disclosure - Under ERISA Section 404(a)(5), plan administrators are required to provide an annual fee disclosure that includes all investment options, their expense ratios, and any administrative fees [3]. - A significant difference in expense ratios can lead to substantial cost differences over time; for instance, a 1% annual expense ratio can result in much higher costs compared to a 0.1% ratio, especially on larger portfolios [4]. Employer Protection Clause - ERISA Section 404(c) provides employers with liability protection against investment losses due to participant decisions, which many participants are unaware of [5]. - For 404(c) protection to apply, plans must offer diversified options, provide adequate information for informed decision-making, and allow reasonable frequency of investment changes [7]. - Employers may claim 404(c) protection without fully complying with all disclosure requirements, which can be leveraged by informed participants [7].