ERS 408(b)(2) Disclosure
COVERED SERVICE PROVIDER DISCLOSURE REPORT FOR ERISA PLANS
MARCH 30, 2018
This report is being provided to you because our records indicate that you are the appropriate contact for the ERISA
plan sponsor of a “covered plan” (within the meaning of Department of Labor Rule 408(b)(2)(c))(the “Plan”), which
is the client of an account managed by Envestnet Retirement Solutions, LLC, (“ERS”) If you are not the appropriate
contact, please let us know by calling 866-318-4015 or by email at support@envestnetrs.com.
The following table contains information and references to additional information about ERS’s services and
compensation as required by Rule 408(b)(2). It also includes information about the services and compensation of
Third Party Strategists, which act as sub-advisers to ERS and, therefore, are “sub-contractors” to ERS for purposes
of the Rule.
Information Where to Find It
Description of ERS’s services. ERS provides a technology platform to investment advisors,
retirement plan professionals, and/or provides investment services for
participants in retirement accounts. In performing advisory services
under the ERS’ programs, ERS is acting as a fiduciary to the plan
level’s portfolios or managed participant accounts under both the
Employee Retirement Income Security Act of 1974, as amended
(“ERISA”) and the Investment Advisers Act of 1940, as amended
(“the Advisers Act”). The Firm acts in a fiduciary capacity as defined
in Section 3(21) or Section 3(38) of ERISA, and as a Registered
Investment Adviser (“RIA”) under the Advisers Act. For a fuller
description of the ERS’s services, the programs are referenced in Item
4 (Advisory Business) of ERS’ Form ADV Part 2A Brochure (“the
Brochure”).
See also ERS’s Brochure, specifically Item 8 (Methods of Analysis,
Investment Strategies and Risk of Loss), and Item 17 (Voting Client
Securities).
For a description on the services ERS receives from Third Party
Strategist see Item 4 (Advisory Business) and Item 8 (Methods of
Analysis, Investment Strategies and Risk of Loss) of the Brochure.
Statement concerning services ERS will
provide as an ERISA fiduciary and RIA.
ERS is acting as a “fiduciary” within the meaning of ERISA section
3(21) or within the meaning of ERISA 3(38) section, dependent upon
the services utilized by the covered plan, for the programs listed in
Item 4 (Advisory Business).
Direct compensation ERS will receive
from your Account.
ERS’s direct fees are determined based upon the nature of the
services provided. The standard fee schedules for the Programs vary.
Depending on the plan lower fees may be separately negotiated,
and/or a minimum fee may be implemented. Unless otherwise
agreed to with the Plan, the fees for ERS services are billed in arrears
on a quarterly basis based on the value of Plan assets (including
interest paid or accrued) on the last business day of the prior calendar
quarter. ERS also provides advisory services known as ERS
Guidance and ERS Advice. Fees for ERS services are either; (i) paid
directly by the Plan based on participants that have not opted out or
(ii) paid directly by the participant as they opt in for the service. For
ERS Guidance, fees for ERS services are either; (i) paid directly by
the Plan; (ii) paid directly by the participant; or (iii) paid by the Plan
recordkeeper. ERS will perform a good faith fair market value of the
Plan assets based on the applicable recordkeeper. The Plan Sponsor is
responsible for authorizing the Plan recordkeeper to debit and remit
the payment of fees to ERS. In certain limited instances, ERS may
arrange to directly invoice the Plan. As described in Item 4, ERS
makes available third-party investment strategies, for which ERS
charges advisory fees which includes fees paid to the Third Party
Strategist for its services.
See Item 5 (Fees and Compensation) in the Brochure for a description
of ERS’s direct compensation. Additionally you should consult your
plan specific documents (as provided by your plan sponsor) for the
exact fees applicable to your plan.
Indirect compensation that ERS will
receive from non-affiliates in connection
with its services to your Account.
ERS may be deemed to receive certain “indirect compensation” in
connection with its business generally.
ERS sponsors industry conferences meetings, and similar activities
(“Conferences”) for which it solicits conference fees from mutual
fund companies, record keepers, insurance and annuity companies
and other investment product distributors, investment advisers,
broker-dealers and other vendors (collectively referred to as
“Vendors”) to defer the costs associated with the Conferences.
Depending upon Vendor participation, ERS may receive conference
fees in excess of the costs associated with the event. ERS does not
receive 12b-1 fees or distribution fees from investment companies.
Third Party Strategists do not receive any indirect compensation
pursuant their arrangements with ERS. However, Third Party
Strategists may receive potential forms of indirect compensation
similar to those described above.
In addition, many Third Party Strategists also manage or sub-advise
mutual funds and other similar products that might be selected for
your account by you or your advisor. Thus, such Third Party
Strategists may receive compensation from ERS for sub-advisory
services to ERS and also may receive compensation from such mutual
funds for services to those funds.
ERS is a majority owned subsidiary of Envestnet, Inc. (“Envestnet”).
ERS leverages Envestnet's capabilities and resources, along with its
experience in investment research, portfolio construction and
investment management, to meet the needs of its clients. As affiliated
firms, Envestnet subsidiaries may be in receipt of compensation and
fees from the same clients as ERS, but under different contracts for
different advisory services.
Compensation ERS will receive if you
terminate ERS's management of your
account.
If the services associated with your plan are billed in arrears any
outstanding fees associated with your account will be deducted from
the account upon its termination.