Ask the Experts June 9, 2026

Does ERISA Require a 403(b) Plan to Have a Committee Charter?

Experts from Groom Law Group and CAPTRUST answer questions concerning retirement plan administration and regulations.

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Q: We are in the process of establishing a Retirement Plan Committee for our ERISA 403(b) plan. Does the Employee Retirement Income Security Act require us to have a formal committee charter?

Kimberly Boberg, Kelly Geloneck, Emily Gerard and David Levine, with Groom Law Group, and Michael A. Webb, senior financial adviser at CAPTRUST, answer:

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A: ERISA does not require your committee to have a formal charter, and there is no single right answer on whether to adopt one–some plan sponsors do and some do not. For those that choose to adopt one, a charter need not be lengthy or cover every contingency; a simple document addressing core operational procedures can be sufficient.

NOTE: This feature is to provide general information only, does not constitute legal advice and cannot be used or substituted for legal or tax advice.

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