DOL’s New ERISA Fee Disclosure Initiatives for 401(k) Plans

Compliance Strategies for Plan Fiduciaries and Service Providers

Transparency requirements phased in starting Jan. 1, 2009

Recording of a 90-minute premium CLE webinar with Q&A

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Conducted on Tuesday, January 13, 2009

Course Materials

This seminar will review the new and anticipated DOL ERISA Fee Disclosure requirements for employee benefit plans and steps plan fiduciaries and service providers should take immediately to ensure compliance with the new transparency initiatives.


Following a wave of lawsuits against employers over 401(k) plan management, the Department of Labor introduced several new initiatives designed to provide transparency in the administration of certain employee benefits plans subject to ERISA.

The DOL revised the Form 5500, Schedule C reporting requirements, effective January 1, 2009, and in December 2007, issued proposed regulations under ERISA Section 408(b)(2) to require disclosure by service providers to fiduciaries.

Most recently, in July 2008, the DOL released proposed regulations under ERISA Sections 404(a) and 404(c), which require disclosure by fiduciaries to plan participants. The DOL intends for the 404(a) and 404(c) regulations to become effective for plan years beginning on or after January 1, 2009.

Listen as our panel of employee benefits attorneys reviews the new and anticipated DOL requirements and steps plan fiduciaries and service providers should take immediately to ensure compliance with the new transparency initiatives.



  1. Form 5500 Schedule C reporting requirements
    1. Implementation date
    2. “Reportable compensation”
    3. Bundled service arrangements
    4. “Eligible indirect compensation”
  2. ERISA 408(b)(2) proposed regulations
    1. Compensation and services disclosures
    2. Service provider relationship disclosures
  3. ERISA 404(a) and 404(c) proposed regulations
    1. Plan-related disclosures
    2. Investment-related disclosures
  4. Best practices to avoid and reduce ERISA litigation
    1. For plan fiduciaries
    2. For plan service providers


The panel will review these and other key questions:

  • What information must plan sponsors and service providers disclose under the new DOL initiatives and when must they disclose it?
  • How may disclosure information be delivered to plan fiduciaries and plan participants? Is electronic communication sufficient?
  • What steps should plan fiduciaries and plan sponsors take now to ensure compliance with the current and anticipated requirements?


Galligan, Lynda
Lynda T. Galligan

Goodwin Procter

Ms. Galligan is co-chair of Goodwin’s Business Law Department. She practices in the area of executive...  |  Read More

Eric R. Keller
Eric R. Keller

Paul Hastings Janofsky & Walker

He represents clients in all aspects of executive compensation and employee benefits law. He frequently advises plan...  |  Read More

John A. Reade, Jr.
John A. Reade, Jr.

Duane Morris

His practice encompasses the entire area of employee benefits, including executive compensation and fiduciary related...  |  Read More

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