First, get the three roles straight
Most "401(k) administrator" comparisons are useless because they compare companies that do entirely different jobs. Sort the market into three functions before you sort it into vendors.
| Role | What they do | Do they take fiduciary liability? |
|---|---|---|
| Recordkeeper | Holds accounts, runs the participant website, processes trades | No |
| Third-party administrator (TPA) | Compliance testing, document work, prepares the Form 5500 | Almost never — they prepare, you sign |
| ERISA 3(16) plan administrator | Accepts the plan administrator role in writing, approves distributions and loans, signs the Form 5500 | Yes, for the administrative duties named in the agreement |
The eleven questions that actually separate providers
Fiduciary status
- Will you acknowledge in writing that you are an ERISA 3(16) fiduciary for the services you provide? A yes that will not go in the contract is a no.
- Who signs the Form 5500 — you, or us?
- Do you accept the 402(a) named fiduciary role, or only pieces of administration?
- Who approves distributions, loans, QDROs and hardships, and who is liable if one is approved wrongly?
Fees
- What is the total annual cost in dollars — base fee, per-participant fee, and every event fee?
- What is paid from plan assets versus billed to the company?
- Do you receive revenue sharing from any fund on the menu? How much, and does it offset our fee?
Operations
- What is your payroll integration with our provider, and who fixes a bad file?
- Who is our named day-to-day contact, and what is your guaranteed response time?
- What is your correction record — how many EPCRS or VFCP filings did you handle last year, and were they your errors or inherited ones?
- What happens at conversion: who owns data cleanup, blackout notices and the prior year's loose ends?
How to read the fee disclosure you were handed
Quote everything in dollars per year, not percentages. A percentage-of-assets fee looks small and grows silently as the plan grows, which is exactly why fee benchmarking became a fiduciary obligation rather than a shopping exercise. Build a single table with base administration, per-participant charges, investment expense, advisor compensation and event fees, then divide by headcount to get true cost per participant. That number is comparable across bids; nothing else is. Our 401(k) benchmarking page walks through the same exercise with the data sources.
Red flags
- "We handle all the compliance" — but the contract makes the employer the plan administrator.
- A proposal with no per-participant dollar total.
- Refusal to name the fiduciary sections of ERISA they accept.
- Bundled pricing that cannot be broken into administration, recordkeeping and investments.
- No documented process for late deferral deposits — the single most common finding on audit.
A workable selection process
Three to four bids, not eight. Identical data given to each. Score fiduciary acceptance, total dollar cost per participant, service model and correction track record — in that order. Document the committee decision and why the winner was chosen: under ERISA, the prudence of the process is what you would be defending, not the outcome. Keep the file. It is the cheapest insurance in the plan.
Not sure who is actually on the hook at your company?
Admin316 serves as the ERISA 3(16) plan administrator and 402(a) named fiduciary, which means we sign the Form 5500 and carry the administrative fiduciary duty instead of your owner or HR lead.
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