It is expected that significant change will occur when the proposed regulations under Section 408(b)(2) become final. However, "Section 408(b)(2) Proposed Regulations and ERISA's General Fiduciary Obligations" written by David J Witz, Managing Director of Fiduciary Risk Assessment LLC and published by BNA, Inc. in the ERISA Compliance & Enforcement Library (June 2008), reflects on legislative and regulatory history that has always required a fiduciary to obtain the necessary information to assess whether fees (direct or indirect) for services rendered are reasonable as well as determine and verify if there are any conflicts of interest. To download a PDF copy of this article click here.
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