Hardcover

ERISA Fiduciary Answer Book, Seventh Edition

ERISA Fiduciary Answer Book, Seventh Edition

ERISA Fiduciary Answer Book, Seventh Edition

Contributor(s)
By Tess J. Ferrera
Update Frequency
Updated annually
Last Update
09/13/2016
Product Line
Wolters Kluwer Legal & Regulatory U.S.
Available formats

Details

Be aware of your fiduciary responsibilities and how to handle them safely with ERISA Fiduciary Answer Book.

This expert reference book clearly explains every aspect of ERISA fiduciary duty, providing information, guidance, and advice on prohibited transactions, investments, fiduciary liability, IRS, DOL, and PBGC requirements, and more.

It answers more than 400 fiduciary-related questions, including:

  • When are attorneys, accountants, consultants, and other professional service providers considered plan fiduciaries?
  • What laws govern the conduct of fiduciaries?
  • When is a fiduciary personally liable for a transaction prohibited by ERISA or the Internal Revenue Code?
  • May a plan release a fiduciary from liability?
  • What is the legal distinction between "substantive prudence" and "procedural prudence"?
  • May a fiduciary face criminal liability for a breach of fiduciary duty?

ERISA Fiduciary Answer Book has been updated to include:

  • Update of the discussion on fiduciary status of custodians that handle plan assets
  • Update on the trend away from finding trustees of Taft-Hartley funds to be fiduciaries when they perform a traditional settlor function
  • Update on the fiduciary obligations of directed trustees
  • Update on fiduciary status of insurance companies
  • Discussion of the fiduciary status of an insurance company that maintained retained-asset accounts (RAAs) for life insurance beneficiaries
  • Update on developing issues concerning a fiduciary's duty of loyalty
  • Update on the fiduciary obligation to diversify investments
  • A discussion of health care reform and multiemployer plans
  • Update on equitable remedies under ERISA Section 502(a)(3) after the U.S. Supreme Court's ruling in CIGNA Corp. v. Amara. [131 S. Ct. 1866, 1871 (2011)]
  • New developments under ERISA's anti-kickback provision
  • Update on attorneys' fees awards under ERISA
  • Update on new developments in the Moench presumption
  • DOL guidance on fiduciary obligations in connection with target date funds
  • Update on the fiduciary status of employers participating in Taft-Hartley funds
  • Update on who is an employee in connection with Taft-Hartley funds
ISBN: 9781454855972
Pages: 856
SKU: 1454855975
ETA: Available: Item ships in 3-5 Business Days
  • 1. Fundamentals?
  • 2. Who Is an ERISA Fiduciary?
    • Determining Fiduciary Status
    • Named Fiduciaries
    • Plan Trustees
    • Plan Sponsors
    • Plan Administrators
    • Investment Managers
    • Other Service Providers
    • Insurance Companies and Brokers
    • Plan Participants
  • 3. Allocation and Delegation of Fiduciary Responsibility
    • Allocating or Delegating Fiduciary Responsibility
    • Participant-Directed Plan Investments
  • 4. Fiduciary Duties Under ERISA
    • Basic Fiduciary Obligations
    • To Whom Is Duty Owed?
    • Settlor Functions Versus Fiduciary Activities
    • Cofiduciary Responsibilities
    • Special Rules
  • 5. Prohibited Transactions
    • Sales, Exchanges, or Leases
    • Loans or Extensions of Credit
    • Goods, Services, and Facilities
    • Asset Transfers
    • Employer Securities and Employer Real Property
    • Self-Dealing
    • Parties with Adverse Interests
    • Kickbacks
    • Liabilities and Penalties of Nonfiduciary Parties in Interest
    • Corrections and Exemptions
    • Statutory Exemptions Added by the Pension Protection Act of 2006
    • Plan Expenses
  • 6. Civil Enforcement and Remedies
    • Civil Enforcement
    • Standing
    • Remedies
    • Civil Penalties Available Under ERISA's Civil Enforcement Provisions
    • Excise Taxes and Penalties Under the Internal Revenue Code
    • Criminal Liability
    • Other Procedural Issues
    • Protection Against the Risk of Liability
    • Exculpatory Clauses or Indemnification
    • Contribution and Indemnification
    • Attorneys' Fees
    • Reducing Risk
    • Preemption Rules
  • 7. Investment Issues
    • Investing Plan Assets
    • Selection, Appointment, and Monitoring of Investment Managers
    • Proxy Voting and Investment Policy
    • Specific Investments
    • Investment Issues Unique to Defined Benefit Plans
    • Qualified Professional Asset Managers
    • In-House Asset Managers
    • Investment Issues Unique to Defined Contribution Plans
    • Default Investments
    • Fiduciary Issues Associated with Mutual Funds
    • Pension Protection Act: Investment-Related Provisions
  • 8. Plan Trusts and Plan Assets
    • Plans Subject to ERISA Fiduciary Rules
    • ERISA Plans in Ambiguous Situations
    • Plan Assets Regulation
    • Multiple-Employer Welfare Association
    • Other Guides to Identifying Plan Assets
    • General Trust Requirements
    • Use of Plan Assets
    • Bonding
  • 9. Multiemployer Plans
    • General Structure of Multiemployer Plans
    • Funding Multiemployer Plans
    • Collection of Employer Contributions
    • Special Benefit Reduction Rules
    • Withdrawal Liability
    • Civil Actions and Standing to Sue
    • Asset Transfers, Mergers, and Amendments
    • Prohibited Transaction Exemptions for Multiemployer Plans
    • Termination, Partition, Mass Withdrawal, Reorganization, and Insolvency
  • 10. Defined Benefit Plans: Funding, Termination, and Withdrawal
    • Minimum Funding Requirements
    • Benefit Restrictions
    • Contributions
    • Waivers
    • Pre-PPA Single-Employer Rules
    • Multiemployer Plans
    • PBGC Reportable Events
    • Plan Termination
    • Bankruptcy
    • Special Issues for Multiple-Employer Plans
    • Special Issues for Underfunded Plans
    • Fraudulent Transactions and Successor Liability
  • 11. Fiduciary Aspects of Day-to-Day Plan Operations
    • Reporting and Disclosure
    • Summary Plan Description: The Disclosure Requirements of ERISA Section 102 Annual Report: Disclosure Requirements of ERISA Section 103
    • Filings with the Secretary: Disclosure Requirements of ERISA Section 104
    • Documents and Notices to Participants: Disclosure Requirements of ERISA Section 104
    • Penalties
    • Voluntary Fiduciary Correction Program
    • Qualified Domestic Relations Orders
    • Other Federal Laws That May Affect Fiduciary Duties
    • Assignments, Loans, and Lost Participants
    • Standard of Judicial Review
  • 12. Fiduciary Issues Unique to Health Care Plans
    • Fiduciary Status of Third-Party Administrators
    • Retiree Health Care Benefits
    • Disclosure Issues
    • Summary Plan Descriptions
    • Form M-1
    • HIPAA
    • Mental Health Parity
    • Newborns' and Mothers' Health Protection Act of 1996
    • Women's Health and Cancer Rights Act of 1998
    • COBRA
    • Qualified Medical Child Support Orders
    • Remedies
    • The Children's Health Insurance Program Reauthorization Act
    • 2010 Health Care Reform
  • Appendices
    • Checklists
    • Model Procedures and Forms
    • Model Forms for HIPAA Compliance
    • National Medical Support Notice
    • PWBA: A Look at 401(k) Plan Fees
    • Sample 401(k) Plan Fee Disclosure Form for Services Provided by XYZ Company
    • The Women's Health and Cancer Rights Act of 1998: Questions and Answers
    • PWBA Guidance on Settlor v. Plan Expenses
    • USERRA-FMLA Questions and Answers - 7⁄25⁄02 - The Effect of the Uniformed Services Employment and Reemployment Rights Act on Leave Eligibility Under the Family and Medical Leave Act
    • DOL Model Blackout Notice

Contributor(s)

Tess J. Ferrera, Esq. is a partner with the firm of Schiff Hardin, LLP, in the litigation department, where she focuses her practice on ERISA litigation and consulting exclusively on the fiduciary and prohibited transaction provisions of ERISA Title I. A former Trial Attorney for the United States Department of Labor's ERISA litigation division, Ms. Ferrera provides advice and handles litigation under ERISA for a broad range of clients, including financial institutions, investment advisors, third-party administrators, trustees, and other plan fiduciaries. She also represents clients before the Department of Labor and other regulatory agencies. In 2004, 2005, and 2006, Chambers & Partners, USA recognized Ms. Ferrera as a leading attorney in the field of employee benefits in the District of Columbia. Ms. Ferrera received her B.A. from George Washington University and her J.D. from Georgetown University Law Center, where she graduated with honors.

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