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Fee Disclosure Information

In recent years, the U.S. Department of Labor (DOL) has released significant updates to regulations of fee disclosures to plan sponsors and plan participants. These updated regulations included new disclosure requirements that apply only for qualified plans that are subject to Title I of Employee Retirement Income Security Act of 1974 (ERISA).

If your plan is not subject to Title I of ERISA, these disclosure requirements do not apply.

How to determine if these regulations apply

In general, ERISA applies only to qualified plans that cover employees beyond the owners of the business sponsoring the plan (or their spouses). So, if a retirement plan covers only owners of the business (where the owners and/or their spouses are the only participants in the plan), the plan is NOT generally subject to Title I of ERISA.

For example, a retirement plan where only a sole proprietor or only partners are covered by the plan will not be subject to Title I. However, a retirement plan under which one or more “common law” employees are covered plan participants will generally be subject to Title I.

Note that an individual and his or her spouse shall not be considered employees with respect to a trade or business (incorporated or unincorporated) owned by that individual (or by the individual and his or her spouse). For example, a partner in a partnership and his or her spouse shall not be deemed to be employees with respect to the partnership.

Summary and full text of regulations

Disclosure by providers to plan sponsors (employers)

Disclosure by plan sponsors (employers) to participants (employees)

596809.3.0