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Question 1
Under ERISA § 404(a)(1)(A), a fiduciary must discharge duties solely in the interest of
plan participants and beneficiaries for which primary purpose?
A. Maximizing short-term investment returns regardless of risk
B. Providing benefits and defraying reasonable expenses of plan administration
C. Ensuring the plan sponsor achieves the highest possible tax deductions
D. Guaranteeing a minimum fixed rate of return on all plan investments
Correct Answer: B
Rationale: ERISA § 404(a)(1)(A) requires fiduciaries to act for the exclusive purpose of
providing benefits to participants and beneficiaries and defraying reasonable plan
expenses. Distractor A ignores the exclusive benefit rule and risk-appropriate investing.
Distractor C serves the sponsor, not participants. Distractor D is not an ERISA
guarantee.
Question 2
The Employee Retirement Income Security Act of 1974 (ERISA) imposes fiduciary status
on any person who exercises discretionary authority or control over plan management
or plan assets. Which of the following individuals is most likely a functional fiduciary
under ERISA?
,A. A payroll clerk who transmits participant deferrals to the plan recordkeeper on a
pre-set schedule
B. An investment committee member who votes to remove an underperforming
target-date fund from the plan lineup
C. A participant who logs into the plan website to rebalance their own account
D. A third-party auditor who reviews plan financial statements annually
Correct Answer: B
Rationale: Under ERISA § 3(21)(A), a person who exercises discretionary authority or
control over plan management or assets is a functional fiduciary. Distractor A performs
ministerial functions without discretion. Distractor C manages only their own account.
Distractor D provides professional services without plan authority.
Question 3
The Uniform Prudent Investor Act (UPIA) and ERISA’s prudent person standard both
emphasize which core principle regarding trust and plan investments?
A. Maximizing nominal yield without regard to correlation or diversification
B. Evaluating investments not in isolation but in the context of the overall portfolio and
risk/return objectives
C. Prohibiting any investment in non-publicly traded securities
D. Requiring a minimum allocation to fixed-income instruments for all investors
Correct Answer: B
,Rationale: The prudent investor standard requires a portfolio approach, considering how
each investment contributes to overall risk and return. Distractor A ignores
diversification. Distractor C is false; private securities may be appropriate. Distractor D
imposes an arbitrary allocation rule.
Question 4
A 401(k) plan committee is evaluating whether to add a cryptocurrency investment
option to the plan menu. Under the DOL’s 2022 guidance and 2026 enforcement
posture, which fiduciary duty consideration is most critical?
A. Cryptocurrency is explicitly prohibited by ERISA for all retirement plans
B. Fiduciaries must evaluate whether the asset class can be prudently analyzed, valued,
and custodied under an IPS given extreme volatility and regulatory uncertainty
C. Any plan offering at least three diversified options may add cryptocurrency without
additional due diligence
D. Cryptocurrency is treated as a QDIA-eligible default investment under current DOL
guidance
Correct Answer: B
Rationale: The DOL has cautioned fiduciaries to exercise extreme care with
cryptocurrency, emphasizing valuation, custody, and speculative risks. Distractor A is
incorrect; ERISA does not per se ban crypto. Distractor C is false; the three-fund safe
harbor does not excuse imprudent additions. Distractor D is incorrect; crypto is not a
QDIA-eligible default.
Question 5
, The prohibited transaction rules under ERISA § 406 and IRC § 4975 generally prohibit
which of the following between a plan and a party in interest?
A. Hiring an independent third-party administrator at market rates
B. Selling plan assets to the plan sponsor at fair market value
C. Paying reasonable recordkeeping fees from plan assets
D. Engaging an ERISA § 3(38) investment manager under a written agreement
Correct Answer: B
Rationale: ERISA § 406(a)(1)(A) prohibits the sale, exchange, or lease of plan assets to
a party in interest. Distractors A, C, and D describe permissible transactions if terms are
reasonable and arms-length.
Question 6
An Investment Policy Statement (IPS) serves as the governing document for plan
investment decisions. Which element is most essential for a defensible IPS under the
AIF prudent process framework?
A. A guarantee that all investments will outperform their benchmarks
B. A clear statement of investment objectives, risk tolerance, permitted asset classes,
and criteria for manager/fund selection, monitoring, and replacement
C. A requirement that the plan invest only in funds managed by the plan adviser
D. A fixed asset allocation that cannot be changed without IRS approval
Correct Answer: B