Specialists in ERISA and Employee Benefits Law​

Fiduciary Responsibilities

Capital Architecture

Generally, anyone who exercises discretionary authority over a plan, or otherwise has control, is a fiduciary subject to the requirements of Title I of ERISA. This includes plan administrators, corporate officers, plan committees, and in some cases, advisors. Our attorneys are experienced in helping fiduciaries understand their responsibilities, the consequences of the failure to meet these responsibilities, and how to deal with failures that have already happened.

This involves:

  • Fiduciary education for committees and other plan fiduciaries, including a discussion of best practices for plan fiduciaries

  • Creation of committee charters setting out the responsibilities and authority delegated to the committee by the employer/plan administrator

  • Identification and correction of prohibited transactions

Fiduciary responsibilities are serious and require a high standard of care and conduct. We can help you to understand and navigate those responsibilities so you can carry them out accordingly.