Cofi supplies templates for all documents that the lawyers need to perform their functions.
Archives: Faqs
Faq custom post type.
4. What documents am I, as the lawyer, responsible to prepare/deliver in an Incumbent ReviewSM?
Incumbent ReviewSM letter to vendor (request for documents, information and revised terms of services )
Service contract with incumbent vendor
Minutes of confirmation meeting
Final opinion to Board regarding fiduciary compliance of process and ultimate terms of engagement (as renegotiated)
Cofi has templates available for all of these documents.
5. What services is Cofi responsible to perform in an Incumbent ReviewSM?
Supplies templates for all documents required by the lawyer for the lawyer’s functions
Interacts with incumbent on submission to ensure that all Incumbent ReviewSM responses are clear and represent firm commitments
Performs market analysis to determine how the breadth of the incumbent’s services compare to the market and how the incumbent’s fees compare to the market.
What if my incumbent vendor fails the Incumbent ReviewSM?
If your incumbent vendor fails the Incumbent ReviewSM and is unwilling to reduce fees, you should proceed to an RFP.
Should I have a lawyer assist with an Incumbent ReviewSM?
We recommend that your ERISA attorney, if you have one, should be involved in the Incumbent ReviewSM process. We do not require the involvement of a lawyer if an employer wishes to proceed without one.
Does an Incumbent ReviewSM satisfy your fiduciary duty?
Conventional wisdom has held for many years that you must perform a request for proposal on all medical and retirement plan vendors every 3 to 5 years in order to satisfy your fiduciary responsibilities under ERISA. This is not so. As long as you document a thorough analysis of your vendors’ continued competitiveness in terms of services provided and fees charged, an RFP is not necessary. The Incumbent ReviewSM is designed to satisfy your fiduciary obligations without the cost, time and potential relationship disruption of a full-blown RFP. Our process almost always results in lower fees and more/additional services.
Are there cost-free solutions available?
Cofi can employ techniques to make our services cost-free to the employer. The incumbent provider often pays for the service. Also, because our fee is a fiduciary expense, it can also always be paid from plan assets.
What types of internal resources will an Incumbent ReviewSM require from my staff?
A Cofi Incumbent ReviewSM is designed to significantly limit your engagement throughout the process. Aside from an hour for the initial employer needs analysis and a meeting to discuss the results of the review, employer involvement is not required. Our process is completely transparent, and you may see and participate in as much of the process as you wish. However, there is virtually no employer involvement in our process. The employer may participate as much as desired, but more than this is not necessary.
What types of service providers does Cofi evaluate?
Cofi has capabilities to evaluate all ERISA plan vendors, including Health and Welfare vendors and retirement plan vendors. Such as: 401(k)/403(b) plan advisors/co-fiduciaries, retirement plan auditors, pension plan actuaries, pension plan administrators and recordkeepers, pension plan investment managers, medical plan brokers and consultants, disability, life and leave administration brokers, voluntary benefits brokers, ancillary insurance brokers and more.
What if I do not want to change my vendor?
The Cofi Incumbent ReviewSM allows you to satisfy your fiduciary duty to periodically evaluate your vendors without subjecting them to an RFP.