What is a 3(16) fiduciary?
A 3(16) fiduciary is a party formally named as the plan administrator under ERISA Section 3(16), taking on defined administrative responsibilities for a retirement plan. This is distinct from the plan sponsor role and from investment fiduciary roles under ERISA Sections 3(21) and 3(38).
How is a 3(16) fiduciary different from a 3(21) or 3(38) fiduciary?
A 3(16) fiduciary handles plan administration, such as filings, distributions, and notices. A 3(21) fiduciary advises on investments while the sponsor retains final say. A 3(38) fiduciary takes on full discretionary authority over investment decisions.
Does hiring a 3(16) fiduciary eliminate a plan sponsor’s fiduciary responsibility?
No. Naming a 3(16) fiduciary shifts responsibility for the specific administrative functions defined in the engagement. Plan sponsors retain oversight of the plan and remain responsible for any functions outside that defined scope, including prudently selecting and monitoring the 3(16) fiduciary itself.
Is a 3(16) fiduciary required for a Pooled Employer Plan (PEP)?
PEPs are structured around named fiduciary roles as part of their design. A 3(16) plan administrator is a standard part of how these arrangements operate.
What does Nydia’s 3(16) engagement include?
Nydia structures each 3(16) engagement around a defined set of administrative functions agreed to with the plan sponsor, which can include Form 5500 filing, distribution approvals, notice oversight, and correction of operational errors.
How does a plan sponsor get started with 3(16) services?
Plan sponsors can schedule a consultation with Nydia to review their current plan administration, identify which functions make sense to name Nydia as the 3(16) fiduciary for, and structure the engagement accordingly.