Can regulation or lower fees or higher fees or riskier investments or lower risk produce better plans?

Perhaps not, we need action that benefits everyone.

ERISA 408(b)(2) simply requires service providers to say if they are acting in a fiduciary capacity but we have found that the service providers have added a profound level of complexity to this seemingly simple question. One can only imagine what the motivation is behind making it difficult for plan fiduciaries to determine if they are dealing with a fiduciary or not!