ERISA Fiduciary Responsibility Issues Update
Scope and Purpose
This timely program examines the fiduciary aspects of situations that regularly arise in the design and administration of employee benefit plans. Panelists include private practitioners who have nationally recognized expertise in the employee benefits law field and a Federal Government attorney who is involved in the formulation and administration of the regulations.
The discussion is essential for attorneys, professional fiduciaries (such as bank trust officers), plan administrators, accountants, actuaries, insurance executives, and other practitioners who regularly deal with ERISA and employee benefit plans. Practitioners who work primarily with the tax rules governing such plans and those who market investments to plans also will find the program to be particularly helpful. Sophisticated knowledge of fiduciary principles is not a prerequisite to program attendance.
Planning Chairs
Sherwin P. Simmons, Buchanan Ingersoll LLP, Miami
Roberta Casper Watson, Trenam, Kemker, Scharf, Barkin, Frye, O’Neill & Mullis, P.A., Tampa
Faculty
Phyllis C. Borzi, O’Donoghue & O’Donoghue, Washington, D.C.
T. David Cowart, Jenkens & Gilchrist, Dallas
Thomas R. Hoecker, Snell & Wilmer L.L.P., Phoenix
Jeffrey J. Turner, Senior Pension Law Specialist, Employee Benefits Security Administration, U.S. Department of Labor, Washington, D.C. (invited)
Program Schedule
- PROGRAM TOPICS
- Plan Governance To Prevent Problems
- Who Should Serve as Plan Fiduciaries?
- Selection and Monitoring of Fiduciaries and Service Providers
- Payment of Fees – Obtaining Proper Disclosures
- What if Your Mutual Fund Is Investigated?
- Issues with Employer Stock in Qualified Plans
- Correcting Fiduciary Breaches
- New DOL Voluntary Fiduciary Correction Program Guidelines
- DOL Guidance on Settlements
- Is Correction Outside the Formal Structures Permissible?
- Litigation Update
- Deference to Decisions of Conflicted Fiduciaries – Fought Case
- Remedies Issues: Damages for 401(k) Plans – Milofsky Case
- Attorney General Investigations – Deceptive and Conflicted Fee Arrangements
- Other Recent Cases
- Automatic Rollovers
- Compliance with the Fiduciary Safe Harbors
- Other DOL Guidance
- Lost Participants
- Orphaned or Abandoned Plans
- Investment Advice Update
- Ethics in Fiduciary Decision-Making (interspersed with other topics)
Total 60-minute hours of instruction: 60-minute hours, 3.67; 50-minute hours, 4.4
Level of Instruction: Advanced
