• Version 1.0
3(16) Limited-Scope Fiduciary Services Schedule
The terms and conditions of this Service Schedule apply upon your election to receive 3(16) Limited Scope Fiduciary Services from HSR to support your employer-sponsored retirement plan (“Plan”) and are applicable to the provision of those services. We will provide the Services you have elected, which are available either on a “bundled” or “à la carte basis,” by submitting a Service Order and agreeing to pay applicable fees and charges.
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1. Delegation of Authority
Pursuant to the authority granted under the Plan, Client delegates to Service Provider the responsibility and authority to perform the specific 3(16) Services described in Section 2 herein below. Service Provider accepts such delegation and acknowledges that it will act as a fiduciary, as defined under Section 3(21) of the Employee Retirement Income Security Act of 1974 (“ERISA”), solely with respect to those services described in Section 2 of this Service Schedule. Service Provider shall have no fiduciary status for any other services it provides under the MSA or otherwise.
Client retains all residual responsibility for the administration and management of the Plan and for compliance with ERISA § 3(16), except to the limited extent delegated herein. This retention applies notwithstanding any provision of the Plan or any understanding that might suggest otherwise.
2. 3(16) Services
Service Provider shall perform the following limited-scope fiduciary services:
Annual Reporting and Disclosure (ERISA § 104): Service Provider will prepare, review, sign, and file Form 5500 and all required schedules and attachments for submission to the Department of Labor (DOL) and the Internal Revenue Service (IRS). In conjunction with this role, Service Provider will monitor filing deadlines, ensure timely submission of the Form 5500 (including filing Form 5558 extensions when necessary), and verify that the appropriate form type, schedules, and disclosures are used.
No other fiduciary duties are assumed by Service Provider under this Service Schedule. In particular, Service Provider does not function, or act, as the Plan Administrator for any purpose other than signing and filing Form 5500 and related disclosures.
3. Client Responsibilities
Client acknowledges and agrees that it remains responsible for:
The accuracy and completeness of all data and information supplied to Service Provider;
Timely review and approval of Form 5500 and related materials; and
All other plan administrative and fiduciary duties not expressly delegated herein or in the MSA, including eligibility determinations, contribution calculations, distribution approvals, and participant communications.
4. Fidelity Bond
Service Provider acknowledges that ERISA requires fiduciaries to be covered by a fidelity bond. Client shall ensure that Service Provider is listed as a covered fiduciary under the Plan’s bond or, if that is not possible, Service Provider will procure its own bond and invoice Client for the cost.
5. Co-Fiduciary Obligations
To the extent required by ERISA § 405, Service Provider acknowledges it may incur limited co-fiduciary responsibility for the performance of the 3(16) Services. If Service Provider becomes aware of a material breach of fiduciary duty by Client or another Plan fiduciary, it may take reasonable remedial action, including notifying Client and, if necessary, the Department of Labor.
6. Limitations of Fiduciary Status
Except as expressly set forth in this Service Schedule, Service Provider and its employees are not fiduciaries of the Plan. This Service Schedule shall not be interpreted to expand Service Provider’s role beyond the specific responsibilities enumerated herein. Nothing in this Service Schedule shall create any discretionary authority for Service Provider over Plan assets, participant benefits, or plan interpretations.
7. Term and Termination
This Service Schedule shall remain in effect until terminated in accordance with the MSA or until completion of Form 5500 filing for the Plan year for which the services were engaged.
8. Execution
You will have accepted this Service Schedule and be bound by its terms on the date you elect the 3(16) Limited-Scope Fiduciary Services.