Fiduciary Liability Claims Under the Employee Retirement Income Security Act of 1974 (“ERISA”)
by Charles A. Yuen on August 6, 2012
The other day, a prominent retirement plan consultant asked: “What types of claims might generally be covered under fiduciary liability insurance policies?”
This is a good question that all ERISA fiduciaries should be asking. “Employee benefit plans,” which under ERISA may be either retirement or welfare benefit plans, can expose a plan fiduciary to substantial liability. Claims may be brought by past or present employees, their beneficiaries, other fiduciaries or the federal government (either U.S. Department of Labor or the IRS).
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