The Labor Department has made it clear that revenue-sharing allocation has to be done on a prudent and reasonable basis. Problem is, it left it at that.

And that leaves a lot of plan sponsors scratching their heads and wondering what is prudent and reasonable and what isn't. Charge a flat, per-head fee? Use a pro rata formula? Charge all participants the same expense ratio?

Revenue-sharing in defined contribution plans has “been fairly common for about 20 years, but the awareness of it has only been in the last five to 10 years or less,” said Fred Reish, an attorney with Drinker, Biddle & Reath in Los Angeles. “The law hasn't really caught up with that yet. So, there's no guidance for plan sponsors on how revenue-sharing should be allocated.”

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