Pooled Employer Plans (PEPs)
/Overview
Pooled employer plans (PEPs) are changing how companies manage retirement benefits. PEPs offer several perks: streamlined operations, pooled resources, and simplified plan sponsorship. But, participating in a PEP does not eliminate an employer’s fiduciary responsibilities—it simply shifts how they must exercise and monitor those duties.
As more financial service providers, private equity-backed firms, and third-party administrators enter the PEP market, one critical safeguard is often overlooked: independent legal oversight focused first on the employer’s best interests.
PEPs can reduce administrative burdens, but participating employers are still responsible for monitoring the pooled plan provider (PPP) and ensuring the fees, services, and decisions align with their fiduciary duties. Without an impartial legal advocate in their corner, employers may unknowingly take on legal and financial risks.
Our Employee Benefits team offers independent legal oversight for PEPs. We act as a dedicated check-and-balance, bridging the gap between adopting employers and PPPs to ensure every decision is documented, defensible, and in the best interest of plan participants.
We help our clients:
- Define and formalize fiduciary roles to eliminate ambiguity.
- Conduct confidential fee assessments and create clear audit trails.
- Hold vendors accountable for their fiduciary commitments.
- Prepare for audits and regulatory inquiries.
- Create an environment where employers can act with confidence.
Our clients include businesses of all sizes, PPPs, and institutions looking to build PEPs that meet the highest standards of scrutiny.
We help ensure your PEP meets compliance requirements and is supported by independent legal oversight that protects your fiduciary responsibilities and your participants’ interests.
Our Team
See Full TeamEric Paley
Partner / Team Leader, Employee Benefits & Executive Compensation- Rochester
- Office:+1 585.263.1012
- epaley@nixonpeabody.com
-
Damian A. Myers
Partner/ Fiduciary Task Force Co-Lead- Washington DC
- Office:+1 202.585.8485
- dmyers@nixonpeabody.com
-
Insights And Happenings
View AllArticle
Employee Benefits Briefing