Communication Liability Falls to the Plan Sponsor, PLANSPONSOR
June 01, 2026PLANSPONSOR quoted partners Michael Gorman and Claire Rowland in an article examining fiduciary responsibility for retirement plan participant communications and the extent to which plan sponsors can rely on third-party vendors to prepare and distribute disclosures.
The article examines fiduciary responsibility for retirement plan communications, emphasizing that plan sponsors retain responsibility for ensuring that disclosures are accurate and complete, even when vendors prepare and distribute them. Michael noted that “case law has taught there is an obligation for plan fiduciaries to ensure that their communications include all material information relevant to the plan and are not materially misleading.” Claire also discussed the obligations of employers participating in plans sponsored by professional employer organizations, noting that fiduciary responsibilities remain and should be addressed through a comprehensive communications framework. As Claire explained, “The framework is a thoughtful and comprehensive approach to how the various disclosure requirements and other communications [can be] handled on a daily basis.”