Guide · Employee Benefits
ERISA: A Comprehensive Guide to Plan Governance, Fiduciary Duty, and Benefit Claims
29 U.S.C. §§ 1001
- Type
- Guide
- Jurisdiction
- National
- Date
- 2023-09-29
- Topic
- Employee Benefits
A complete practitioner's treatment of the Employee Retirement Income Security Act for the lawyer who advises plan sponsors, committees, and participants. Part I maps the statute's architecture and the threshold question of what is an ERISA plan at all. Part II covers plan documents, the summary plan description, and the disclosure regime. Part III sets out the four fiduciary duties, who is a fiduciary under the functional definition, the settlor-fiduciary distinction, and the delegation and monitoring structure. Part IV covers prohibited transactions and the exemptions, as reshaped by Cunningham v. Cornell. Part V covers participant-directed plans and the limits of Section 404(c) protection. Part VI works the benefit claims and appeals regulation and the standard of judicial review after Firestone and Glenn. Part VII covers civil enforcement under Section 502, including the scope of appropriate equitable relief from Mertens through Montanile and Amara. Part VIII covers preemption from Travelers through Davila, Gobeille, and Rutledge. Part IX covers health and welfare plans and their overlay statutes. Part X covers nonqualified deferred compensation and Section 409A. Part XI covers reporting, audits, and the correction programs. Part XII is risk management, and Part XIII is the verification list.
The full text of this document is available to Executive subscribers and above. See plans.