Retirement Plan Consulting Agreement printable pdf download

R E T I R E M E N T P L A N

C O N S U L T I N G A G R E E M E N T

ERISA Sections 3(38) and 404(c)

THE PLAN/PARTIES

Pivotal Planning Group, LLC, an SEC registered investment adviser (the “CONSULTANT”) has been engaged to provide

consulting services to (Name of Plan Sponsor) (the “SPONSOR”) in connection with the SPONSOR’s “participant directed”

retirement plan established pursuant to Section 404(c) of Employee Retirement Income Security Act (“ERISA”) (the “PLAN”).

OVERVIEW

Section 404(c) provides that when an ERISA retirement plan permits a participant or beneficiary to exercise control over

assets in his or her account, and the participant or beneficiary in fact exercises control over assets in the account, fiduciaries of the

PLAN are generally relieved from liability for losses resulting from the participant’s exercise of control.

An ERISA Section 404(c) plan is an “individual account plan” (i.e. a defined contribution plan) that gives participants a right

to choose from a “broad range” of investment alternatives (i.e. at least 3 diversified investment choices) so as to afford participants the

opportunity to construct for themselves investment portfolios that are suitable for their individual financial situations and investment

objectives.

DISCLOSURE REQUIREMENTS

In accordance with ERISA requirements, PLAN participants must be given information about PLAN features and the

available investment alternatives that is sufficient to enable participants to make informed investment decisions. The information that

must be provided to the PLAN participants, to the extent applicable, in accordance with ERISA regulations includes the following:

(a)

an explanation that the PLAN is intended to qualify as an ERISA Section 404(c) plan;

(b)

descriptions of the investment alternatives offered;

(c)

the investment objectives of the different investment alternatives and the risk and return characteristics of the

investment alternatives;

(d)

the identity of any investment managers that participants may select;

(e)

an explanation of the circumstances under which investment instructions may be given, including applicable

restrictions on transfers; and

(f)

copies of mutual fund prospectuses and descriptions of any transaction fees (commissions, sales loads, etc.) charged

against participant accounts.

The SPONSOR warrants and represents that it will fulfill the Disclosure Requirements to PLAN participants as required by

ERISA for as long as the CONSULTANT provides services under this Agreement. In addition, the SPONSOR shall provide each

PLAN participant, initially upon becoming a participant, and no less than annually thereafter, a copy of the “Important Disclosure

Information” document attached hereto and made a part hereof as Schedule “A”, which document discusses the limited role for

which the CONSULTANT has been engaged.

PLAN INVESTMENTPOLICY/INVESTMENT OPTIONS

CONSULTANT shall provide its services consistent with the terms and conditions of an Investment Policy Statement to be

prepared by CONSULTANT for review and adoption by the PLAN. The CONSULTANT shall review the Investment Policy

Statement with the SPONSOR on an annual basis to determine if any changes are required. During the interim periods, in the event

that the PLAN’s circumstances, financial situation or investment objective(s) change, it is the SPONSOR’s responsibility to notify

the CONSULTANT accordingly for the purpose of the CONSULTANT reviewing/ evaluating/revising the Investment Policy

Statement.

Consulting ERISA 404(c) – 3(38) Fiduciary

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Retirement Plan Consulting Agreement

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