Our Blog - Surety Matters

Plan sponsors may not realize this, but one of their numerous fiduciary duties is that they have a fiduciary duty to only pay reasonable and necessary fees from plan assets. The reason for this is that while…
Read Moreabout The Fiduciary Duty to Only Pay Reasonable Fees from ERISA Plan Assets

An excessive fee suit against a retirement plan holding $9 million in assets for 114 participants is being seen as the dawning of a new era in retirement plan fiduciary breach lawsuits. The suit, Damberg…
Read Moreabout Small Retirement Plans Seeing Increasing Fiduciary Breach Lawsuits

Employee benefit plan fiduciaries have an obligation to make prudent investments to avoid a breach of fiduciary duty. Fiduciaries are personally liable for those damages the imprudent investments caused to plan participants. This is one of the…
Read Moreabout Plan Fiduciaries Must Make “Prudent” Investments to Avoid Liability

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…
Read Moreabout An ERISA Plan Administrator’s Fiduciary Responsibilities

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…
Read Moreabout ERISA Advisory Council Provides Guidance to DOL

In a November 6, 2018 ERISA Advisory Council report, the Council recommended the Department of Labor (DOL) issue new ERISA fidelity bond guidance after evaluating current DOL regulations and guidance. In the report to Secretary of Labor…
Read Moreabout ERISA Advisory Council Recommends New DOL ERISA Bond Guidance