Fee-Only ERISA 3(38) & 3(21) Fiduciary Advisory • Highlands Ranch & Denver Tech Center

Transform Your Company 401(k).
Cut Hidden Fees. Shield Fiduciary Liability.

Most corporate 401(k) plans carry excessive recordkeeping fees, underperforming proprietary funds, and unhedged ERISA litigation exposure for business owners. Serving companies across Highlands Ranch, Inverness, Meridian, and the Denver Tech Center (DTC), we act as an independent 3(38) or 3(21) fiduciary—slashing fee drag, capturing up to $15,000+ in SECURE 2.0 federal tax credits, and architecting custom Safe Harbor designs that let owners maximize retirement deductions.

Test SECURE 2.0 Tax Credit & Fee Modeler ↓ Explore Four Fiduciary Pillars
Fiduciary Retirement Architecture

Four Fiduciary Disciplines for Employers & Plan Sponsors

Grounded in ERISA legal standards, transparent fee benchmarking, and custom plan engineering for Colorado businesses.

01

ERISA 3(38) Discretionary Investment Fiduciary

Under ERISA, plan trustees carry personal liability for investment selection and monitoring. By appointing Yeti Wealth as your ERISA 3(38) investment manager, we assume full legal discretion for fund selection, ongoing due diligence, and replacement—removing investment litigation exposure from the business owner and committee.

02

Fee Benchmarking & Low-Cost Index Menus

Many corporate plans are burdened with 12b-1 kickbacks, sub-TA fees, and retail expense ratios exceeding 1.20%. We conduct transparent 408(b)(2) fee audits and implement institutional index lineups (Vanguard, BlackRock) with total fund expense ratios averaging 0.04% to 0.08%, returning hundreds of basis points back to employee compounding.

03

Safe Harbor & Profit-Sharing Design

Tired of failing annual ADP/ACP nondiscrimination testing and receiving refunded contributions? We design customized Safe Harbor formulas and cross-tested new comparability profit-sharing allocations that bypass testing completely, enabling owners and key executives to shelter the maximum IRS limit ($70,000+ per year).

04

SECURE 2.0 Federal Tax Credits Capture

Federal law provides up to $5,000/year for 3 years (100% of plan startup costs for employers up to 50 employees), plus a $500/year auto-enrollment credit and employer matching credits up to $1,000 per employee. We structure your plan to claim every dollar of available federal and Colorado tax offsets.

Interactive Plan Diagnostics

Corporate 401(k) Fee Benchmark
& SECURE 2.0 Tax Credit Simulator

Input your total plan assets, number of eligible employees, and current total plan fee. Calculate potential 10-year fee savings by migrating to an institutional index fiduciary structure, and quantify your federal SECURE 2.0 tax credits.

$0 (Startup Plan)$25,000,000
1 (Solo 401k)250 Employees
0.40% (Institutional)1.45% (Typical Retail)2.50% (High Retail)
Plan Establishment Status: Governs SECURE 2.0 federal startup tax credit eligibility
Plan Fiduciary Diagnostic Substantial Fee Savings Identified
Annual Fiduciary Fee Savings: Saved by moving from 1.45% to Yeti 0.65%
$20,000 / yr
10-Year Cumulative Fee Savings: Compounded back into employee accounts
$276,328
SECURE 2.0 Federal Tax Credits: 100% startup credit + auto-enrollment
$16,500 over 3 yrs
Fiduciary Modernization Roadmap:
Upgrade to 3(38) Institutional Fiduciary

For this $2,500,000 plan with 28 participants, reducing total plan friction from 1.45% to an institutional 0.65% saves approximately $20,000 annually. Over 10 years, that keeps $276,328 inside employee retirement accounts while shifting investment liability away from the business owner.

10-Year Plan Growth Trajectory: Yeti Fiduciary vs. High-Fee Retail Plan Blue: Yeti Institutional 3(38) Lineup (Low Fee) | Red: Retail Plan with 1.45%+ Fee Drag
South Denver Business Hubs

Specialized 401(k) Guidance for Colorado Employers

Serving professional services firms, medical practices, engineering groups, and growing enterprises operating across Douglas and Arapahoe Counties.

DTC

Denver Tech Center & Greenwood Village

For tech scaleups and enterprise consulting firms along Belleview and I-25, we implement auto-enrollment, auto-escalation, and low-cost index portfolios that attract top-tier tech talent and satisfy ESG and fiduciary requirements.

INV

Inverness & Meridian Business Parks

For medical device manufacturers, aerospace contractors, and engineering groups, we integrate combo 401(k) + Cash Balance Defined Benefit plans that allow partners to shelter hundreds of thousands in pre-tax earnings.

HR

Highlands Ranch & Littleton Small Businesses

For local commercial employers, dental groups, and law offices, we navigate the Colorado SecureSavings mandate, structuring turnkey Safe Harbor 401(k) plans funded almost entirely by federal SECURE 2.0 startup tax credits.

401(k) Fiduciary FAQs

Frequently Asked Questions for Plan Sponsors

Direct fiduciary answers on 3(38) vs 3(21) management, fee audits, and SECURE 2.0 credits.

What is the difference between an ERISA 3(21) and 3(38) investment fiduciary?

An ERISA Section 3(21) advisor is a co-fiduciary who provides investment recommendations to the plan committee, but the employer retains ultimate legal responsibility for accepting and implementing the lineup. An ERISA Section 3(38) investment manager takes full discretionary authority to select, monitor, and replace investment options, transferring investment fiduciary liability away from the business owner and committee to the advisor.

How does the SECURE 2.0 Act provide up to $15,000+ in tax credits for new 401(k) plans?

Under the SECURE 2.0 Act, employers with up to 50 employees can receive a 100% tax credit for plan startup administrative costs (up to $5,000 annually for the first 3 years, totaling $15,000). Additionally, qualifying businesses can claim an auto-enrollment credit ($500/yr for 3 years) and an employer contribution credit matching up to $1,000 per employee earning under $100,000, phased over 5 years. These credits frequently exceed the total cost to launch and run the plan.

How do Safe Harbor 401(k) provisions eliminate annual nondiscrimination testing failures?

Traditional 401(k) plans require annual ADP/ACP nondiscrimination tests comparing contributions made by Highly Compensated Employees (HCEs) against non-HCEs. If non-HCE participation is low, HCEs receive refunded contributions and surprise tax bills. By adopting a Safe Harbor formula (such as a 3% non-elective contribution or a 4% matching formula), the plan automatically satisfies testing, allowing owners and key executives to contribute up to the maximum IRS limit without refunds.

What are the employer mandates under Colorado SecureSavings for businesses that don't offer a retirement plan?

Under the Colorado SecureSavings Program, Colorado businesses with 5 or more employees that have been operating for at least two years and do not sponsor a qualified retirement plan are mandated by state law to facilitate a state-run auto-payroll deduction IRA or face financial penalties. Establishing a customized company 401(k) plan exempts employers from the mandate while delivering far higher contribution limits ($23,500+ vs $7,000 in an IRA), tax-deductible profit-sharing, and substantial SECURE 2.0 tax credits.

Upgrade Your Corporate 401(k) to True Fiduciary Standards

Schedule a confidential 401(k) fee benchmarking and plan design consultation with principal advisor Thomas Little, CFP®. Serving Highlands Ranch, Greenwood Village, Inverness, and the Denver Tech Center.