Seasoned advisors caution plan sponsors not to confuse delegation with disappearance. Every fiduciary duty can be shared. None can be erased.
Due Diligence
The key is embedding quantitative prompts inside onboarding experiences so participants perceive personalization while fiduciaries collect the data they actually need.
Risk capacity anchors 401k advice in hard data—income stability, net worth, liquidity, and retirement timeline. Unlike tolerance, which shifts with market moods, capacity reflects what participants can afford to lose, aligning with ERISA’s fiduciary duties.
For fiduciaries, the comparison process must go deeper than surface-level performance. Yield is important, but transparency, diversification, and liquidity provisions matter just as much.
Documenting the evaluation process helps protect against potential legal challenges. By proactively managing these red flags, fiduciaries can responsibly integrate private equity into 401k plans and reduce ERISA compliance concerns.
Applying these duties to volatile cryptocurrencies requires careful thought and documentation. How, then, is the industry interpreting this “neutral stance” from the DOL?
Here’s where the real disconnect kicks in: participants and pros don’t speak the same language on risk. Participants “feel” it. Meanwhile, advisers whip out rulers like standard deviation or some index, measuring volatility in neat little boxes.
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The central role of the recordkeeper can create reverberations with other providers should the plan sponsor attempt to change recordkeepers. Any hiccup in the employees’ ability to manage their retirement assets can cause problems for plan sponsors.









