An independent 3(38)
fiduciary for your plan.
We take on investment discretion for the plan, backed by Nestimate’s analytics.
Fiduciary file
ACME CO.Engagement
ERISA 3(38)Nestimate Investment Management, LLC
- Plan investments
- Guaranteed income solutions
- Target date fund fit analysis
Registered investment adviser
Nestimate Investment Management, LLC.
Services
Three ways we serve
as your fiduciary.
Independent 3(38) services from Nestimate Investment Management, built on the same analytics as our software.
Investment menu
REVIEWED Q3 2026TARGET DATESuite AUS LARGE CAPIndex fundCORE BONDActive fundSTABLE VALUEStable value fundINTERNATIONALIndex fund5 OF 5 SLEEVES REVIEWED3(38) for plan investments
We select, monitor and replace the plan’s investment options, with discretion and a documented process.
Income solution
ACME CO.In-plan annuity6.1% PAYOUTSELECTEDIncome target date5.8% PAYOUTManaged payout5.4% PAYOUTSAFE HARBOR CHECKLIST COMPLETE3(38) for guaranteed income solutions
We select and monitor the plan’s in-plan income solution under the same discretionary standard.
Selection memo
TARGET DATE · Q3 2026DECISIONReplace the current suite with Suite A as the plan’s QDIA.
SUITES REVIEWED7BASISPlan fit analysisDECIDED BYNestimate teamACME CO. 401(K)Filed to the fiduciary fileTarget Date Fund Fit Analysis
A plan-specific analysis of how well each target date suite fits your participants.
Approach
Software‑led,
human‑fed.
Our analytics do the work on the data. Our team makes the call, documents it and stands behind it.
- 01
Understand the plan
Start from your participants: ages, balances, savings rates and how they will draw income.
- 02
Select with evidence
Choose options with plan-specific scoring, not peer averages alone.
- 03
Keep the record
Record each selection and its rationale, ready for the committee file.
- 04
Monitor and review
Quarterly monitoring and an annual review of every option.
How it’s different
3(21) or 3(38):
who makes the call.
A 3(21) recommends and you decide. As your 3(38), we decide and document it.
| 3(21) investment adviserAdvises, you decide | 3(38) investment managerNestimate decides and documents | |
|---|---|---|
| Who picks the options | The plan sponsor, on the adviser’s recommendation | We do, with discretion over the plan’s investment options |
| Who replaces one | The plan sponsor approves each change | We replace it and record why |
| Fiduciary role | Shares responsibility for the advice | Takes responsibility for selecting and monitoring the investments |
| What stays with you | Every final investment decision | Choosing and monitoring your 3(38) prudently |
| The record | Meeting minutes and adviser memos | A selection memo for each choice, quarterly monitoring and an annual review |
Research
Research we publish
and stand behind.
The same research behind our fiduciary work, shared with advisors and plan sponsors.
PDF · September 2026
Retirement Income Product Map
The in-plan retirement income landscape, organized by product structure.
Guide
Choosing and monitoring a 3(38)
What a plan sponsor keeps after delegating to an investment manager, and how to document it.
Guide
Choosing a target date fund for your plan
A fiduciary’s guide to fit, glide paths and documentation.
Team
The people behind
the process.
Retirement income, defined contribution and fiduciary experience on one team.
Title
Team member name
One line on their background in retirement plans.
Title
Team member name
One line on their background in retirement plans.
Title
Team member name
One line on their background in retirement plans.
Title
Team member name
One line on their background in retirement plans.
FAQ
Questions
sponsors ask.
Short answers here. Form ADV Part 2A has the full detail.
What does a 3(38) fiduciary take on?
Discretion over the plan’s investment options. We select, monitor and replace them, and document each decision for the committee file.
What stays with the plan sponsor?
Answer pending from Nestimate.
How is this different from using TDF IQ ourselves?
Answer pending from Nestimate.
How are fees charged?
Answer pending from Nestimate.
Where can I read Form ADV and Form CRS?
Answer pending from Nestimate.
Talk with our
fiduciary team.
Tell us about your plan. We’ll walk through how a 3(38) engagement would work.
Every option, reviewed this quarter
One on watch, with the reason recorded