Managing Your Fiduciary Responsibilities

1. Managing Your Fiduciary Responsibilities Kevin Handford, CFP®, ChFC®, CFS®, AIF® 7 Hotel Street, Warrenton, VA 20186 540-349-0700 Securities and Advisory Services offered through Commonwealth Financial Network®,Member FINRA/SIPC, a Registered Investment Adviser. Rev. 04/10

2. The Current Environment for Plan Sponsors Arbitration and litigation for breach of fiduciary responsibility are running at an all-time high More than 1,300 cases at circuit court level; 13 at the U.S. Supreme Court level Fiduciaries are now being measured on the results of the participant experience The Employee Benefits Security Administration has hired 1,000 new enforcers 37% of employers don’t consider themselves to be plan fiduciaries* *Source: AllianceBernstein, Inside the Minds of Plan Sponsors

3. Recent Litigation Braden v. Wal-Mart Stores, Inc. • A plan fiduciary has a duty to disclose material information, including revenue sharing, when such information is material to a participant Jones v. Harris Associates L.P. • Individual mutual fund investors allege that a mutual fund advisor violated the Investment Company Act of 1940 by charging excessive fees compared to institutional investors Martin v. Caterpillar, Inc. • Caterpillar agreed to pay $16.5 million to settle a lawsuit that alleged its 401(k) plans charged its employees unreasonable and excessive fees

4. Participant Concerns Individuals bear more responsibility for funding their own retirement • Less reliability on social security • Discontinuation of company pensions 53% of retirement plan participants have not done a retirement needs analysis 77% claim to have little, basic, or no investment understanding 33% over age 55 have less than $25,000 set aside for retirement Source: Employee Benefit Research Institute, 2008

5. Managing Your Fiduciary Responsibilities: Who Is a Fiduciary? Anyone who: • Exercises discretion, authority, or control over the management or disposition of plan assets • Provides investment advice for a fee or other compensation • Has discretion or responsibility for plan administration Examples include: • Plan trustee(s) • Employees of the company • Investment committee members (as well those who select committee members) • Investment advisers

6. Primary Fiduciary Responsibilities Under ERISA

7. Prohibited Transactions Fiduciaries cannot: • Act in a capacity other than on behalf of the plan and its participants • Invest plan assets for their own account • Deal with plan assets in the fiduciary’s own interest • Engage in transactions with a party whose interests are adverse to the interests of the plan • Fully delegate away their fiduciary responsibility

8. Breach of Fiduciary Responsibilities Fiduciaries who do not follow these standards of conduct can be: • Personally liable for restoring any losses to the plan from their own assets, including: • Homes • Bank accounts • Investments • Stock options • Required to reimburse any profits as a result of their actions • Subject to financial or civil penalties equal to 20% of the amount recovered from the fiduciary

9. Fiduciary responsibilities can be shared but cannot be delegated Ways to Mitigate Risk Associated with Your Fiduciary Responsibilities

10. Establish an Investment Committee Identify the right people • Members should have relevant experience • Led by CEO or CFO • Senior members of HR, Finance, and Operations Appoint between 3–7 individuals Include both permanent and temporary members Meet on a regular basis (e.g., annually or quarterly) Document the criteria and process used to select and monitor committee members

11. Duties of an Investment Committee Responsible for the selection and ongoing monitoring of investment options Develop an investment policy statement Establish procedures for selecting and monitoring investment options Evaluate investment manager’s performance and take appropriate action Select and remove investment managers Evaluate investment-related fees paid by the plan and participants annually Benchmark the plan every 2–3 years

12. Develop a Written Investment Policy Statement (IPS) Defines the purpose and process for selecting investment options Describes: • The roles and responsibilities of the individuals or committee responsible for selecting investments • Criteria for selecting investment options • Asset classes permitted and/or restricted in the plan • Standards and benchmarks of the plan’s investment performance • Policies and procedures associated with hiring, monitoring, and/or replacing investment managers • Policies and procedures for monitoring and controlling investment expenses Review for changes at least annually

13. Qualified Default Investment Alternative (QDIA) Appropriate for any plan 3 standard categories • Age-based or target-retirement • Balanced • Managed Assets must be invested in a QDIA Participants must be given an opportunity to provide investment direction but fail to follow through QDIA notice must be furnished to participants at least 30 days prior to the first investment Auto-enroll

14. Implement a Fiduciary Process Establish written procedures Document all plan-related decisions, including all investment committee meeting minutes Create a Fiduciary Audit File • Plan documents • Form 5500 and other associated financial statements • IPS • Committee meeting minutes • ERISA Fidelity Bond • Participant communications • Third-party services • Plan procedures

15. ERISA 404(c) Offers protections to plan fiduciaries for the results of investment choices made by participants 404(c) requirements: • Permit participants to exercise control over the investments in their accounts • Offer a broad range of investment options—at least three of which have different risk and return characteristics • Allow participants to reallocate funds at least quarterly (daily exchanges are now more typical) • Provide employees with adequate information about the investment options

16. Steps You Can Take to Help Comply with ERISA 404(c) Notify participants that the plan intends to comply with 404(c) and that they will be allowed to direct their investments Give participants access to and control over their accounts Offer at least three core investments Provide sufficient education to help participants be prudent investors Designate a default fund that meets the requirements of a QDIA

17. Fiduciary Bonding and Insurance ERISA Fidelity Bond • Provides protection to a plan against loss by reason of acts of fraud or dishonesty on the part of a fiduciary • Every fiduciary and person who handles funds is required to be bonded • The amount of the bond is 10% of the amount of the plan’s assets as of the beginning of the fiscal year • Maximum amount is $500,000 ($1 million for plans with company stock) Fiduciary Liability Insurance • Not required by ERISA • Every fiduciary of an ERISA plan should consider obtaining fiduciary liability insurance, as fiduciaries can be personally liable for losses incurred by a plan due to their breach

18. Next Steps Identify and/or evaluate plan fiduciaries Establish an investment committee Develop an IPS Establish a fiduciary documentation process Review and evaluate plan fees and expenses Assess plan services (administration, recordkeeping, investment management, employee communications) Create a location or file to store all plan-related documents

19. The Handford Financial Strategies Consulting Difference

20. Let us help you manage a better retirement plan. Handford Financial Strategies Kevin Handford, CFP®, ChFC®, CFS®, AIF® 7 Hotel Street, Warrenton, VA 20186 540-349-0700 Handfordfinancial.com

22. Handford Financial Strategies Retirement Plan Consulting Services Helping Keep Your Firm’s Plan on Course 7 Hotel Street Warrenton, VA 20186 Advisor Disclosure Securities and Advisory Services offered by Commonwealth Financial Network®, Member FINRA/SIPC, a Registered Investment Adviser. Fixed insurance products and services offered by Handford Financial Strategies are separate and unrelated to Commonwealth.

23. Table of Contents How We Work with You How We’re Different The Handford Financial Strategies Advantage Helping Maximize Your Fiduciary Protection Putting Our Investment Expertise to Work for You Designing a Plan to Help Maximize Satisfaction Helping Your Employees Make Better Decisions Our Firm A Team Dedicated to You Some of Our Clients Client Experiences with Our Company Our Broker/Dealer

24. How We Work with You We are dedicated to: Creating a reliable, seamless experience and improved outcomes for retirement plan sponsors and employees Implementing process-driven strategies to help you limit your fiduciary liability Acting as your guide to help you manage changes in the regulatory environment Offering advice and education to improve the retirement readiness of your employees Helping you manage your relationships with third parties • Seamless Integration Vendor Management ADVISOR Participant Services Investment Expertise EMPLOYER Plan Design Regulatory Compliance Fiduciary Oversight

25. How We’re Different Independence: What Ours Means for You Our objectives are aligned with your best interests and those of your employees. An objective viewpoint Investment advice and selection free from proprietary conflicts A fully transparent fee structure Unbiased vendor and investment recommendations Expertise: Specialized Designations That Benefit YouWe’re committed to standards of investment fiduciary excellence. Accredited Investment Fiduciary® (AIF®) The leading designation for investment fiduciaries for both individuals and retirement plans Chartered Retirement Plans SpecialistSM (CRPS®) Signifies a thorough understanding of the administration of retirement plans for businesses and their employees

26. The Handford Financial Strategies Advantage Our primary goal is to help you manage risks, ensure that your plan delivers optimum investment options and services, and improve employee retirement readiness. Maximize Your Fiduciary Protection We acknowledge a written fiduciary status. Enhance Investment Opportunities We recommend an investment lineup that aligns with plan objectives. Manage Plan CostsWe evaluate and monitor provider fees and services for reasonableness. Optimize Plan Efficiency and Ensure Compliance We focus on operational aspects, including plan eligibility, contribution modeling, and compliance. Improved Retirement Readiness We create a customized employee education program and offer individualized investment advice.

27. Helping Maximize Your Fiduciary Protection As risk management specialists, we share your fiduciary responsibilities. We stand by you to help mitigate the potential risks and liabilities of a changing retirement plan landscape. Serve as a named co-fiduciary to the plan Formalize investment committee protocols Conduct ongoing fiduciary reviews Manage a fiduciary audit file Provide guidance on regulatory changes

28. Putting Our Investment Expertise to Work for You We follow a proven, documented process to review investment offerings aimed at enhancing investment outcomes. Investment Analysis and Selection Ongoing Assessment and Review Investment Policy Statement Benchmark Establish guidelines for making investment decisions. Evaluate the investment portfolio and recommend a balanced lineup that offers broad diversification across asset classes. Compare the plan to industry averages to identify areas for enhancement. Conduct periodic investment reviews to ensure that performance and expenses remain consistent with plan objectives and in accordance with the IPS; deliver written report. Diversification does not assure against market loss, and there is no guarantee that a diversified portfolio will outperform a nondiversified portfolio.

29. Designing a Plan to Help Maximize Satisfaction We focus on designing a plan that can streamline your administrative responsibilities, maximize plan provisions, and promote employee satisfaction. Plan Design Employer contribution modeling and analysis Review of plan eligibility and distribution provisions Optimal use of “safe harbors,” such as 404(c) and default alternatives Compliance with legislative and regulatory changes Vendor Management and Due Diligence Ongoing fee benchmarking and analysis against other vendors and plans Vendor search services, including: Gathering responses, data, and pricing from several plan providers Analyzing costs, services, and investment choices Facilitating finalist meetings

30. Helping Your Employees Make Better Decisions We provide advice and education to help your employees understand plan options, encourage participation, promote satisfaction, and feel confident about the decisions they are making toward their retirement readiness. Employee education program tailored to your specific needs Annual written communication plan Annual employee education calendar, including enrollment meetings and broad financial planning education Individualized investment advice Effective utilization of online tools and resources Ongoing assessment to track progress and measure results Retirement Readiness at a 20-Year Low 50% of workers are “not at all”or “not too” confident about having enough money for a comfortable retirement. 56% of workers report total savings and investments of less than $25,000. Source: Employee Benefit Research Institute 2011 Retirement Confidence Survey, March 2011, ebri.org.

31. Our Firm Handford Financial Strategies was founded in 2002 by Kevin and Jennifer Handford.  After working with a nation-wide investment and insurance firm for the twelve years prior, Kevin and Jennifer felt the need to branch out on their own so that they could advise clients in a truly non-proprietary, objective, and independent manner. We focus on two main areas. • Comprehensive Financial Planning for individuals and business owners with a total net-worth of 1 million or more. • Helping to design and monitor corporate retirement plans on a fiduciary level.

32. A Team Dedicated to You Kevin Handford, CFP®, ChFC®, CFS®, AIF® Kevin earned his Economics degree from Virginia Military Institute in 1990 and has 21 years of financial industry experience. He holds the CERTIFIED FINANCIAL PLANNER TM, Chartered Financial Consultant (ChFC®), Certified Fund Specialist (CFS®), and the Accredited Investment Fiduciary ® (AIF®) registrations. Jennifer Handford Jennifer earned her B.S. and M.S. from Portland State University in 1993 and 1995. She has over 15 years of experience in the financial services industry . Lucy Zimmerman Lucy began working with Handford Financial Strategies in March 2011 as a Client Service Assistant. Lucy graduated from Hollins University in 2008 and received her B.A. in English and Sociology. Lucy has her Registered Paraplanner's™ certification through the College for Financial Planning.

33. Our Broker/Dealer We partner with Commonwealth Financial Network®, established in 1979 The nation’s largest, privately held independent broker/dealer • Freedom to allocate resources where they’re needed and to act in the best interests of advisors and their clients—not shareholders. More than $5B in assets in qualified retirement plans as of December 31, 2010 Infrastructure designed to work the way we do • Investment choice, service, technology, and security Ranked “Highest in Independent Advisor Satisfaction among Financial Investment Firms” in the J.D. Power and Associates 2010 Financial Advisor Satisfaction StudySM.* *Commonwealth Financial Network received the highest numerical score in the independent advisor segment in the proprietary J.D. Power and Associates 2010 Financial Advisor Satisfaction StudySM. Study based on 2,863 total responses and measures overall financial advisor satisfaction among advisors registered with the Financial Regulatory Authority (FINRA) investment firms. Proprietary study results are based on experiences and perceptions of financial advisors surveyed in February–June and July–August, 2010. Your experiences may vary. Visit jdpower.com.