401(k) Fiduciary Duty: A Practical Handbook for Plan Sponsors

401(k) Fiduciary Duty: A Practical Handbook for Plan Sponsors

Understand ERISA fiduciary requirements, the 3(21) vs 3(38) distinction, and common mistakes. Includes an annual fiduciary review checklist for HR teams.

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401(k) Fiduciary Duty: A Practical Handbook for Plan Sponsors

401(k) Fiduciary Duty: A Practical Handbook for Plan Sponsors

What ERISA requires, what can go wrong, and how to protect yourself and your employees
What ERISA requires, what can go wrong, and how to protect yourself and your employees
What ERISA requires, what can go wrong, and how to protect yourself and your employees

401(k) Fiduciary Duty: A Practical Handbook for Plan Sponsors

What ERISA requires, what can go wrong, and how to protect yourself and your employees

When a company offers a 401(k) plan, it takes on a legal obligation that most HR professionals did not go to school to manage. That obligation is fiduciary duty, and it is one of the more consequential legal responsibilities that flows from running a workplace retirement plan.

What's inside

  1. What Fiduciary Duty Means Under ERISA
  2. The Prudent Expert Standard in Practice
  3. Who Is (and Is Not) a Plan Fiduciary
  4. 3(21) vs 3(38) Fiduciary Arrangements
  5. The Most Common Fiduciary Failures
  6. Investment Monitoring and the IPS
  7. Annual Fiduciary Review Checklist
  8. Conclusion

© 2026 Basic Capital. All rights reserved.

Basic Capital Group, Inc. and its affiliates and subsidiaries (collectively, "Basic Capital") provide this website and its contents for informational and educational purposes only. The information on this website is general in nature and is not intended to address the circumstances of any particular individual or entity.  Nothing on this website constitutes investment, financial, legal, tax, or accounting advice, nor should it be construed as a recommendation or endorsement of any specific investment product, strategy, or service. Basic Capital does not provide legal, tax, or accounting advice. You should consult with your own qualified financial, legal, and tax advisors before making any investment decisions. Our site uses a third party service to match browser cookies to your contact information. We then use another company to send special offers on our behalf.

Recordkeeping Services

Recordkeeping services are provided through Basic Capital Recordkeeping Services LLC, a wholly owned subsidiary of Basic Capital Group, Inc. Unless expressly agreed to in writing, Basic Capital Recordkeeping Services LLC does not act as a fiduciary under the Employee Retirement Income Security Act of 1974, as amended, with respect to any employee benefit plan.

Investment Advisory Services

Investment advisory services are provided through Basic Capital Advisors LLC, a wholly owned subsidiary of Basic Capital Group, Inc. registered with the State of New York as an investment adviser. Registration does not imply a certain level of skill or training. Investing involves risk, including the potential loss of principal. Past performance is not indicative of future results.
Investments in securities are: Not FDIC Insured • Not Bank Guaranteed • May Lose Value.
Neither Basic Capital Advisors LLC nor its affiliates are a registered broker-dealer or engage in securities brokerage activities. Furthermore, Basic Capital Advisors LLC and its affiliates do not act as a broker-dealer.

Basic Capital, 52 Walker Street, 5th Floor, New York, NY 10013 | 888-460-4901

© 2026 Basic Capital. All rights reserved.

Basic Capital Group, Inc. and its affiliates and subsidiaries (collectively, "Basic Capital") provide this website and its contents for informational and educational purposes only. The information on this website is general in nature and is not intended to address the circumstances of any particular individual or entity.  Nothing on this website constitutes investment, financial, legal, tax, or accounting advice, nor should it be construed as a recommendation or endorsement of any specific investment product, strategy, or service. Basic Capital does not provide legal, tax, or accounting advice. You should consult with your own qualified financial, legal, and tax advisors before making any investment decisions. Our site uses a third party service to match browser cookies to your contact information. We then use another company to send special offers on our behalf.

Recordkeeping Services

Recordkeeping services are provided through Basic Capital Recordkeeping Services LLC, a wholly owned subsidiary of Basic Capital Group, Inc. Unless expressly agreed to in writing, Basic Capital Recordkeeping Services LLC does not act as a fiduciary under the Employee Retirement Income Security Act of 1974, as amended, with respect to any employee benefit plan.

Investment Advisory Services

Investment advisory services are provided through Basic Capital Advisors LLC, a wholly owned subsidiary of Basic Capital Group, Inc. registered with the State of New York as an investment adviser. Registration does not imply a certain level of skill or training. Investing involves risk, including the potential loss of principal. Past performance is not indicative of future results.
Investments in securities are: Not FDIC Insured • Not Bank Guaranteed • May Lose Value.
Neither Basic Capital Advisors LLC nor its affiliates are a registered broker-dealer or engage in securities brokerage activities. Furthermore, Basic Capital Advisors LLC and its affiliates do not act as a broker-dealer.

Basic Capital, 52 Walker Street, 5th Floor, New York, NY 10013 | 888-460-4901

© 2026 Basic Capital. All rights reserved.

Basic Capital Group, Inc. and its affiliates and subsidiaries (collectively, "Basic Capital") provide this website and its contents for informational and educational purposes only. The information on this website is general in nature and is not intended to address the circumstances of any particular individual or entity.  Nothing on this website constitutes investment, financial, legal, tax, or accounting advice, nor should it be construed as a recommendation or endorsement of any specific investment product, strategy, or service. Basic Capital does not provide legal, tax, or accounting advice. You should consult with your own qualified financial, legal, and tax advisors before making any investment decisions. Our site uses a third party service to match browser cookies to your contact information. We then use another company to send special offers on our behalf.

Recordkeeping Services

Recordkeeping services are provided through Basic Capital Recordkeeping Services LLC, a wholly owned subsidiary of Basic Capital Group, Inc. Unless expressly agreed to in writing, Basic Capital Recordkeeping Services LLC does not act as a fiduciary under the Employee Retirement Income Security Act of 1974, as amended, with respect to any employee benefit plan.

Investment Advisory Services

Investment advisory services are provided through Basic Capital Advisors LLC, a wholly owned subsidiary of Basic Capital Group, Inc. registered with the State of New York as an investment adviser. Registration does not imply a certain level of skill or training. Investing involves risk, including the potential loss of principal. Past performance is not indicative of future results.
Investments in securities are: Not FDIC Insured • Not Bank Guaranteed • May Lose Value.
Neither Basic Capital Advisors LLC nor its affiliates are a registered broker-dealer or engage in securities brokerage activities. Furthermore, Basic Capital Advisors LLC and its affiliates do not act as a broker-dealer.

Basic Capital, 52 Walker Street, 5th Floor, New York, NY 10013 | 888-460-4901