Ask five people at a mid-sized company who the "401(k) plan administrator" is, and you may get five answers: the HR manager, the recordkeeper whose name is on the participant website, the third-party administrator that runs the testing, the payroll provider, or "the company." Only one of those answers is correct in the legal sense, and it is often not the one people expect.
The confusion is not academic. ERISA assigns specific duties, and personal liability, to specific roles. When a ...