Trustee-directed Portfolios
In certain instances, some retirement plans do not, or should not, permit participant direction. Instead, all assets are invested within a commingled portfolio and each participant earns the same rate of return. This would be called a trustee-directed portfolio. The portfolios of other types of trusts or those of foundations cannot be participant-directed for the obvious reason there are no participants. These portfolios are also trustee-directed.
NWCM prefers to manage trustee-directed portfolios on a discretionary basis. The advantages to a trustee are:
- Substantial relief of fiduciary liability by statute under ERISA 405(d)(1) or by common law largely based on case law arising from the Third Restatement of Trusts;
- More responsive day-to-day management vs. management that occurs only after a trustee meeting; and
- A focus on the review of investment decisions with the benefit of 20/20 hindsight vs. making decisions with an uncertain outcome.
At the client's request, NWCM can provide non-discretionary investment consulting to trustee-directed portfolios.
Committee Education
–ERISA/Compliance Workshop
We have developed a workshop in conjunction with a Portland ERISA attorney that educates plan trustees about the requirements and ramifications of ERISA.
–Best Practices for Committees Workshop
This training session for trustees details the best practices for committee structure, including how best to formally document all processes for the file, historical information and archival procedures, and documentation for all decisions made regarding the plan.
–Annual Year-end Compliance Update
In addition to sending alerts to our clients regarding any legal or regulatory changes that might impact the plan, a year-end update is compiled that lists all changes made to the plan to ensure its continued compliance with ERISA and the Department of Labor.
–Fiduciary Commitment
To learn more about fiduciary liability and methods of reducing exposure please refer to the Fiduciary Commitment section of this site.