Which of the following statements best compares the legal and regulatory constraints when managing a pension plan versus managing an endowment fund? A)
| Endowment funds are managed according to the "prudent expert" rule while benefit plans are managed under the "prudent investor" rule. |
| B)
| State pension laws generally supersede Federal pension laws regarding pension plans whereas endowment funds are primarily regulated at the Federal level. |
| C)
| Pension plans are managed according to the Employee Retirement Income Security Act while endowment funds are governed by the Uniform Management Institutional Funds Act. |
|
With respect to the legal and regulatory constraints, pension plans are regulated by the Employee Retirement Income Security Act (ERISA) while endowment funds are governed by the Uniform Management Institutional Funds Act (UMIFA). Pension plans are held to a higher standard known as the “prudent expert” rule which states that ERISA fiduciaries must discharge their duties…” with care, skill, prudence, and diligence under circumstances then prevailing that a prudent person acting in like capacity and familiar with such matters would use in the conduct of an enterprise of like character and aims.”
By diversifying the investments of the plan we minimize the risk of large losses. Endowment plans are held to a standard known as the “prudent investor” rule, which states that fiduciaries must adhere to fundamental duties of loyalty, impartiality and prudence as well as maintain overall portfolio risk at a reasonable level and provide for the reasonable diversification of investments.
Fiduciaries must also act with prudence in deciding whether and how to delegate authority to experts and in selecting and supervising agents. |