The Difference between a 3(21) and 3(38) Fiduciary
Retirement plan advisors can serve in a 3(21) or 3(38) fiduciary capacity or in some cases, both. The needs and desires of the plan sponsor dictate the specific arrangements. Such decisions are normally predicated upon risk mitigation versus risk avoidance. While some plan sponsors want assistance with their fiduciary responsibilities but elect to maintain discretion and control of their plan’s investment menus, others will choose to shift fiduciary responsibilities to a third party due to