Creating the Best 401(k) Plan Possible.

Many retirement plan sponsors are exposing themselves and their retirement plans to unnecessary risk. They are often unaware of many of the fiduciary obligations required of plan sponsors. Yet, the Department of Labor holds plan sponsors responsible for their fiduciary requirements. By offering a 401(k) plan to its employees, plan sponsors are charged with the following fiduciary responsibilities:

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  • Understanding plan fees to make sure they are reasonable
  • Identifying conflicts of interest within the plan
  • Analysis and documentation regarding plan investments
  • Implementing best practices for process and documentation


SWM’s ERISA 3(38) Advisory Services

SWM provides ERISA 3(38) fiduciary advisory services to 401(k) plans. In this capacity, SWM eliminates a sponsor’s liability for selecting and monitoring plan investments. As a fiduciary, SWM provides advice that is in plan participants’ best interests and discloses all fees and any conflicts of interest. Our 3(38) advisory services include:

  • Investment Selection & Monitoring
  • Assume Liability for Investments 1
  • Investment Policy Development
  • Maintain Investment Fiduciary Exam File
  • Participant Education
  • Custom Asset Allocation Portfolios
  • Proprietary Investment Scoring
  • Vendor Search & Transition Assistance
  • Prepare Meeting Agendas & Minutes
  • Plan Design Assistance & Benchmarking
  • Committee Fiduciary Training
  • Committee Charter Document

1 As 3(38) advisor, SWM Advisors assumes the liability for Plan’s investment selection and ongoing monitoring