Nobody Told Us Is Not a Defense

One of the most common things I hear when a retirement plan problem is discovered is, “Nobody told us.”

The recordkeeper never mentioned it.

The TPA never explained it.

The adviser never brought it up.

That may explain how the problem happened, but it does not necessarily make the problem disappear.

Plan sponsors rely heavily on providers, and they should. Retirement plans are complicated, and sponsors need professionals who understand administration, investments, compliance, payroll integration, and fiduciary responsibilities.

But hiring providers does not mean the sponsor can completely stop paying attention.

At the end of the day, the employer is still the plan sponsor. The sponsor signs documents. The sponsor makes fiduciary decisions. The sponsor is responsible for making sure the plan operates according to its terms.

That is why “nobody told us” is such a dangerous mindset.

If a sponsor does not understand something, ask. If a provider gives an answer that does not make sense, ask again. If there is a major corporate transaction, payroll change, ownership change, or workforce restructuring, make sure the retirement plan professionals know about it.

Providers cannot advise on facts they were never given.

Sponsors also need to understand what each provider is actually responsible for. The adviser may not handle compliance. The TPA may not monitor payroll deposits. The recordkeeper may process transactions without determining whether the underlying data is correct.

Those gaps matter.

Good plan governance requires active participation by the sponsor. You do not need to know every section of ERISA or the Internal Revenue Code. You do need to know enough to recognize when questions should be asked.

Your providers are there to help you.

But responsibility cannot simply be handed away.

When something goes wrong, “nobody told us” may be understandable.

It is rarely a complete defense.

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