Description
Learn what ERISA’s fiduciary duties are and when and to whom they apply.Gain a comprehensive and practical understanding of your or your clients’ fiduciary duties concerning 401(k)’s and other retirement plans. You will learn about practical strategies used to avoid fiduciary status where advisable and satisfy your fiduciary duties when necessary and appropriate. You will also gain an understanding of how to guard yourself against exposure to liability for alleged breaches of fiduciary duties.
Date: 2022-02-03 Start Time: End Time:
Learning Objectives
Pre-ERISA Background and Common Law Meaning of Fiduciary
Enactment of ERISA and ERISA Pre-Emption
Which Plans Are Subject to ERISA?
ERISA Definition of Fiduciary – Function Over Form
Identification of Fiduciaries in Plan Documents
Original ERISA Model: Pooled Investments, Defined Benefit Plans, and Modern Portfolio Theory
ERISAs Articulation of Fiduciary Duties: Loyalty, Expertise, Prudence, Diversification
Prohibited Transactions
Special Rules for Employer Stock and ESOPs
Personal Liability of Fiduciaries and ERISA Limits on Indemnification
Fiduciary Committees and Co-Fiduciary Liability
Fiduciary Liability Insurance
No Requirement of Prescience or Guarantee of Outcomes; Procedural Prudence
ERISA § 404(c) and the 401(k) Explosion
Importance of Fees and Fee Disclosures
Role of Advisors I – Education vs. Advice
Role of Advisors II – Assumption of Fiduciary Responsibility as Advisor Business Model
PPA 2006 Introduces More Safe Harbors; Qualified Default Investment Alternatives (QDIAs) • What They Are and Extent of Fiduciary Protection
ERISA Litigation Basics and Practical Realities
DOL Enforcement Activities
Intensified Focus on Plan Costs and Disclosure
Recent Litigation Trends
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Luke D. Bailey-Clark Hill PLC
