Guide to Delegated Investment Management Issued

Willis Towers Watson says delegation, i.e. turning over certain functions to a third party, isn’t a simple outsourcing solution.

Willis Towers Watson has issued “A guide to delegated investment management.”

The guide answers the question “What is delegated management?” and discusses roles and responsibilities as well as required skills of all parties.

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In addition, the guide addresses:

  • Setting objectives;
  • Implementation;
  • Conflicts of interest;
  • Monitoring; and
  • Fees.

The firm says delegated investment management can close the gaps between the need for efficient investment strategies, real-time decision-making and the typically constrained governance budget of a pension fund committee.

It explains that delegation turns over certain functions to a third party, but it isn’t a simple outsourcing solution. Rather, it should complement the strategic responsibilities of the plan sponsor. The model is the same as when a management team acts upon a corporate board’s strategy. The plan sponsor remains in control of high-level strategy, defining the pension plan’s long-term funding objectives and return requirements relative to the liabilities, while the delegated investment manager implements the daily aspects of that strategy, including portfolio construction and operations.

The firm suggests delegated investment management can materially benefit pension plans looking to add to their investment decision-making capabilities. The industry has developed considerably over recent years, presenting pension plans with a variety of credible propositions from competing providers. As with many other professional service selections, details are important, and there are no real shortcuts.

Willis Towers Watson can be contacted at investment@willistowerswatson.com to discuss any of the concepts in the guide in greater detail.

The guide can be downloaded from here.

Court Orders Payment of Government Contract Retirement Plan Contributions

The DOL alleged that James Brunk and Brunk Industries Inc. failed to collect prevailing wage employer contributions for the employees’ 401(k) plan provided by government contracts for work performed by defendant’s employees.

The Department of Labor (DOL) has secured a consent judgment to restore of $95,000 to the 401(k) plan sponsored by Brunk Industries Inc. in Oakdale, California.

Based on an investigation by the DOL’s Employee Benefits Security Administration (EBSA), the DOL filed a complaint alleging that James Brunk and Brunk Industries Inc. failed to collect prevailing wage employer contributions for the employees’ 401(k) plan. These contributions were provided by government contracts for work performed by defendant’s employees under prevailing wage laws.

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Instead, the defendants retained and comingled the contributions with company assets and used the funds for non-Plan purposes, in violation of the Employees Retirement Income Security Act (ERISA).

The U.S. District Court for the Eastern District of California approved a consent judgment and order requiring the defendants to restore $95,109 to the 401(k) plan. In addition, the judgment removes Brunk as the plan’s fiduciary and appoints Lefoldt & Company as the independent fiduciary responsible for winding up the plan, including the distribution of its assets to participants. Brunk will pay $4,890 of the costs for this independent fiduciary, and also may be assessed a 20% civil penalty on the amount restored to the plan. The court order also permanently enjoins Brunk from serving as a fiduciary of, or service provider to, any ERISA-covered employee benefit plan in future.

The court’s order can be viewed here.

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