Things I Worry About (13): Every Plan Commits Prohibited Transactions and the Cornell University Decision
Key Takeaways When an ERISA governed retirement plan engages and pays service providers, such as advisors and recordkeepers, it commits a prohibited transaction. However, if the plan fiduciaries satisfy the conditions of an exemption (which, in this case, would be the 408(b)(2) statutory exemption), the prohibited transaction is exempt, that is, it becomes permissible. If […]
Best Practices for Plan Sponsors #11
Lessons Learned from Litigation (#4)—The ABB Case This is the eleventh in a series of articles about Best Practices for Plan Sponsors. To be clear, “best practices” are not the same as legal requirements. Instead, they are about better ways to manage retirement plans. In many cases, though, “best practices” also are good risk management […]
Best Practices for Plan Sponsors #10
Lessons Learned from Litigation (#3)—The BB&T Case This is the tenth in a series of articles about Best Practices for Plan Sponsors. To be clear, “best practices” are not the same as legal requirements. Instead, they are about better ways to manage retirement plans. In many cases, though, “best practices” also are good risk management […]