Answered By
Kyle Jeziorski - Founder Shield
Senior Director

Kyle is the market-facing leader at Founder Shield, with eight years invested in the boutique broker and more than a decade in the insurance industry. Before Founder Shield, Kyle worked at Marsh on the FINPRO team focusing on management liability in the large private and public space. A graduate of Saint Joseph’s University’s Risk Management and Insurance Program, Kyle has focused his entire career helping clients to navigate through an ever changing risk environment.

Who Would Be the Trustees For A 401k Plan?

Asked by: Mia W.

Kyle Jeziorski - Founder Shield
Kyle Jeziorski

The trustees of a 401(k) plan are individuals or entities appointed to oversee the management of the plan's assets. They hold a fiduciary responsibility to act in the best interest of the plan's participants and beneficiaries. Trustees play a crucial role in ensuring that the 401(k) plan operates effectively and according to all legal and regulatory requirements.Here are common examples of trustees for a 401(k) plan:

1.  Employer or Business Owner: For small businesses, often the employer or business owner will serve as the trustee. They are in charge of selecting investment options and ensuring the plan complies with federal regulations.
2.  Plan Administrator: Sometimes, a plan administrator (which can be an individual or a company specializing in managing retirement plans) is appointed as a trustee. They might handle day-to-day operations and ensure that the plan adheres to its stated policies and legal requirements.
3.  Investment Committee: Larger organizations may establish an investment committee composed of employees and/or external advisors to oversee the plan's investment options and strategy. This committee would have fiduciary responsibilities and act as a trustee.
4.  Financial Institutions or Investment Firms: A financial institution, such as a bank or an investment firm that holds the plan's assets, can also serve as a trustee. These institutions provide expertise in managing the assets and often offer investment options.
5.  Third-party Administrator (TPA): TPAs are firms that specialize in managing the administrative responsibilities of 401(k) plans, including compliance, reporting, and sometimes, investment management. While they may not always serve as trustees, they often work closely with trustees to manage the plan.

The specific structure and appointment of trustees depend on the size of the plan, the employer's preferences, and the regulatory requirements. It's important for trustees to fulfill their duties with diligence, as they can be personally liable for breaching their fiduciary responsibilities. 

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