405(c) or General Safe Harbor Provisions

When investment decisions are delegated, the following safe harbor requirements apply:

  • Plan must allow for delegation of investment decisions
  • Procedures for delegation must be prudent
  • Investment decisions must be delegated to “prudent experts”
  • Experts must be selected following a prudent process
  • Prudent experts must be given discretion
  • If prudent expert is an RIA, it must acknowledge fiduciary status
  • Prudent experts must be monitored
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