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ERISA 07.16.2019

An ERISA Plan Administrator’s Fiduciary Responsibilities

A person is a fiduciary under ERISA if they exercise discretionary control or authority over plan management or disposition of plan assets, provide investment advice for plan assets for a fee, or have discretionary authority…
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An ERISA Plan Administrator’s Fiduciary Responsibilities
ERISA 07.13.2019

Fiduciary Breach Statute of Limitations Does Not Begin Without Actual Knowledge

In Sulyma v. Intel Investment Policy Committee the Ninth Circuit Court of Appeals ruled that in order for the statute of limitations to begin on a fiduciary breach, the one alleging the breach must have actual knowledge of…
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Fiduciary Breach Statute of Limitations Does Not Begin Without Actual Knowledge
ERISA 07.12.2019

Failed Pension Investments Can Lead to Fiduciary Liability

Pension plan fiduciaries such as plan sponsors have to worry about a lot of different scenarios that could result in a fiduciary duty breach and liability. One of the most dangerous scenarios that fiduciaries have…
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Failed Pension Investments Can Lead to Fiduciary Liability
ERISA 07.12.2019

Non-diversified Investments Lead to Fiduciary Liability

As a plan sponsor, you may think one investment you have will work wonders for the plan funds you are in charge of. But what if it does not? What if it fails? Then you…
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Non-diversified Investments Lead to Fiduciary Liability
ERISA 07.12.2019

Slightly higher 401(k) Fees Make Plan Sponsors Liable

Paying 1% higher fees than the average rate for someone to administer a 401(k) plan does not sound like it would cause too many problems. But paying fees even 1% higher than average in 401(k)…
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Slightly higher 401(k) Fees Make Plan Sponsors Liable
ERISA 07.11.2019

Pension Professionals: Find New Solutions, but Don’t Forget Fiduciary Duties

There are few virtues more valued in American business than innovation and new ways of thinking. Pension professionals have their own opportunity to unleash new ways of thinking when creating arrangements and plan features. But…
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Pension Professionals: Find New Solutions, but Don’t Forget Fiduciary Duties
Cyber for Plan Sponsors 07.11.2019

The U.S. has Lost $1.6 Trillion Due to Data Breaches Since 2008

Since 2008, the United States has lost an overall amount of more than $1.6 trillion due to data breaches alone. Even these figures may be on the low end of the real number lost, however, as…
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The U.S. has Lost $1.6 Trillion Due to Data Breaches Since 2008
ERISA 07.11.2019

Fiduciary Liability of Administrative Staff

You may not think communications with plan administrative staff could cause a fiduciary breach, but you would be wrong. Plan administrative staff members are functionally plan fiduciaries when they communicate with plan participants and their…
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Fiduciary Liability of Administrative Staff
ERISA 07.11.2019

ERISA Advisory Council Provides Guidance to DOL

The ERISA Advisory Council has provided guidance to the U.S. Department of Labor (DOL) on ERISA fidelity bonds and what the requirements should be in order for a fidelity bond to be DOL compliant. The…
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ERISA Advisory Council Provides Guidance to DOL