pension3668
Apr 26 2004, 04:31 PM
Does anyone know if it is permissible for a Pension Administrator to charge their administrative fee as a percentage of plan assets, (i.e. basis points on plan assets) or must it be a flat or hourly fee per plan or participant? Assume the TPA is not offering any investment advice.
pax
Apr 26 2004, 07:59 PM
Permissible? Fees are ususally set by competition and negotiation between the parties.
Lebowski
Jul 22 2005, 11:16 AM
I have seen many that charge basis points on assets under administration. The calculation must be detailed in the administration agreement.
vebaguru
Jul 22 2005, 05:26 PM
Since this thread is under Securities Law Aspects, let me raise some securities law issues. The bad news: (1) such an arrangement may require a securities license (either Series 6 or Series 63/65) under state securities laws to be legal; (2) some states define a "profits interest" as a security (requiring registration). This means a percentage of the profits, so that fees should be based on all assets and not on earnings; (3) ERISA does not pre-empt state securities laws.
The good news: (1) an offering to a qualified plan is likely exempt under state securities laws. However, I suggest reviewing state securities with a securities attorney.
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