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How Employers and Employees May Minimize Current Fiduciary Risks Under ERISA - Part II
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How Employers and Employees May Minimize Current Fiduciary Risks Under ERISA - Part II
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Trade Publication Article
How Employers and Employees May Minimize Current Fiduciary Risks Under ERISA - Part II
2019
Overview
Employers sponsor ERISA plans. Plans require fiduciaries, and employees occupy most and often all of the fiduciary roles. Employers, employees and plans have a mutual interest in minimizing fiduciary duty violations because alleged breaches of fiduciary duty may lead to administrative investigations, civil lawsuits (including class actions), and criminal indictments. This two-part article presents specific recommendations to minimize current fiduciary risks under ERISA. The recommendations are especially important to small and medium plans lacking the resources of the largest plans. The first part of article, which appeared in the Spring 2019 issue of Employee Relations Law Journal, briefly set out the fiduciary rules, who qualifies as a fiduciary, and the link between fiduciary rules and plans and assessed the current risks of fiduciary violations. This part completes the article.
Publisher
Aspen Publishers, Inc
Subject
