Water Cooler Wisdom

404(c): The C-Suite’s Shield Against Retirement Plan Liability

Written by Michele Suriano | Aug 28, 2025 4:54:56 PM

If you’re a CFO/CEO/COO/C--, you know that every line item comes with risk. When it comes to your company’s retirement plan, ERISA Section 404(c) can be one of your best defenses.

Why It Matters for You

404(c) limits your liability for employee investment decisions—but only if your plan meets the compliance requirements. Without it, your company could face unnecessary exposure to claims stemming from participant losses.

What Compliance Looks Like

To qualify for 404(c) protections, your plan must:

  • Offer a broad, diversified lineup of investment options
  • Provide transparent disclosures and fee information
  • Allow participants meaningful control over their accounts
  • Meet annual disclosure deadlines (October 1–November 30 for calendar-year plans)

With compliance in place, you shift accountability where it belongs—participants make their own investment decisions, and you’re safeguarded.

The Castle Rock PEP Advantage

Managing these requirements doesn’t have to be complex. Castle Rock PEP takes the administrative burden off your desk, ensures 404(c) and 404(c)(5) standards are met, and provides fiduciary oversight you can trust.

If your company is still shouldering unnecessary retirement plan liability, it’s time to make this the last year you carry that risk. Schedule a PEP Talk with Castle Rock today and free up your 2026 budget and bandwidth.