erisa 3(16) | top 10 provisions to include in a well-crafted service agreement

6
INVESTMENT ADVISOR SERIES W W W. N A P L I A . C O M 161 Worcester Road, Suite 504, Framingham, MA 01701 Tel 866.262.7542 Fax 508.656.1399

Upload: the-401k-study-group

Post on 19-May-2015

598 views

Category:

Economy & Finance


0 download

DESCRIPTION

In this increasingly high risk regulatory environment, plan sponsors are seeking new ways in which they can delegate to others some of their ERISA fiduciary responsibilities. Included among them is authorizing another to assume core plan administration duties. These functions have traditionally been the sole purview of plan sponsors. The term, “plan administrator” is defined in Section 3(16) of ERISA, the foundational law governing employee benefit plans. The services of a plan administrator have therefore become known as “3(16) services.” Any service provider rising to the challenge to accept plan administration accountabilities - and the resulting liability that goes with them - will wish to carefully consider how to draft an appropriate service agreement.

TRANSCRIPT

Page 1: ERISA  3(16) | Top 10 Provisions to Include in a Well-crafted Service Agreement

INVESTMENT ADVISOR SERIES

WWW.NAPLIA.COM 161 Worcester Road, Suite 504, Framingham, MA 01701 Tel 866.262.7542 Fax 508.656.1399

Page 2: ERISA  3(16) | Top 10 Provisions to Include in a Well-crafted Service Agreement
Page 3: ERISA  3(16) | Top 10 Provisions to Include in a Well-crafted Service Agreement

not

Page 4: ERISA  3(16) | Top 10 Provisions to Include in a Well-crafted Service Agreement
Page 5: ERISA  3(16) | Top 10 Provisions to Include in a Well-crafted Service Agreement
Page 6: ERISA  3(16) | Top 10 Provisions to Include in a Well-crafted Service Agreement

The information provided in this paper is intended solely for general educational purposes. It is not intended for the

purpose of providing specific legal, insurance, or other professional advice to any particular recipient or with

respect to any particular jurisdiction. The author, publisher, and distributor of this document (1) make no

representations, warranties, or guarantees as to its technical accuracy or compliance with any law ( federal, state,

or local) or professional standard; and, (2) assume no responsibility to any recipient of this document to correct or

update its contents for any reason, including changes in any law or professional standard. You should formally

retain the counsel of an attorney knowledgeable as to your industry, your practice, and the laws of any

jurisdiction(s) within which you conduct your practice to ensure the document’s maximum usefulness and

compliance with applicable laws and professional standards.