Magazine Articles

New committee members need not look for breaches to repair.

Sometimes a plaintiff can file breach of duty claims directly.

Supreme Court won't opine on the provisions' enforceability

How the DOL views disability claims

But there’s no good reason for a plan not to have one.

Courts may have expectations for fiduciaries

Fiduciaries can be personally liable—even for a predecessor’s breach

The most common method to ensure reasonable fees

Is there a continuing duty to monitor prohibited transactions?

Determining whether a plan acts in participants’ best interest

ERISA demands it, how courts have interpreted it

It is undetermined whether participants’ private data is protected

Still, fiduciaries should monitor internal workers on the plan

Besides the claims of breach of fiduciary duty made of late  against plan sponsors that offer proprietary funds, there have been claims of prohibited transactions. With respect to...

Determining what are plan assets is not as easy as it seems

Will the updating of existing regulations be treated as new regulations?

It covers claim procedures.

A case where an employer refuted a participant’s service

... yet its proposed rules backtrack on vesting threat

The IRS proposes new rules for NQDC plans