Introduction to ERISA’s Fiduciary Requirements (Self-Study)

Course Description

The U.S. Court of Appeals for the Fifth Circuit recently issued a mandate confirming its decision to strike down the Department of Labor’s investment advice fiduciary rule. Given the abrupt end to what’s been multiple years of contentious and complicated rulemaking, now is the time for plan sponsors, administrators and employees involved with retirement or health and welfare plans to revisit and understand the obligations they may owe as fiduciaries under ERISA.

This CLE will provide an introduction for anyone new to ERISA’s stringent fiduciary requirements, or as a helpful refresher. Topics covered include what the various fiduciary duties are, when they arise, how they are satisfied, what the consequences are for fiduciary breaches, and ways to limit exposure to potential liability. The course will also explore what plan sponsors and administrators need to know in light of the stricken DOL fiduciary rule. Attendees will take away a better understanding of what fiduciaries must do under ERISA to satisfy duties which have been described as “the highest known to law.”

Syllabus

1. Background of ERISA fiduciary rules
2. What the various duties are
3. How they arise
4. How they are satisfied
5. What the consequences are for fiduciary breaches
6. Ways to limit exposure to potential liability
7. Discussion of stricken DOL investment advice fiduciary rule and what should be noted going forward

Instructor

Robert B. Wynne, Esq.