Frequently Asked Questions

• To What Extent Can Another Party Remove Fiduciary Liability?


• To What Extent Do Annual Filings Protect Fiduciaries?


• To What Extent Does Using a Mutual Fund, Bank, or Insurance Company to Manage Plan Investments Protect a Fiduciary?


• To What Extent Does Insurance Protect Fiduciaries?


• To What Extent Does the Employer Protect Fiduciaries?


• Who or What is a Fiduciary?


• On What Grounds May a Fiduciary Be Sued?


• What is Fiduciary Liability?


• Who May Sue a Fiduciary?


• What is Co-fiduciary Liability?


• To What Extent Does a Fiduciary Warranty Protect Fiduciaries?


• Highlights of Litigation and Legislation


• Who are the retirement plan fiduciaries?


• What if no fiduciary is named?


• How does Section 408(b) 2 assist plan sponsor /fiduciaries in identifying other plan fiduciaries?


• Which service providers are fiduciaries?


• What is the difference between 404(a) 5 and 408(b) 2 disclosures?