Will
start the course with a discussion of ERISA’s history and purpose as well as an
overview of relevant terminology. We’ll also focus on the comprehensive statute’s
structure and breadth of its application. Module one also looks at
responsibilities of employers and plan administrators under ERISA.
Module
two focuses on qualified retirement plans. We’ll distinguish between
defined-benefit plans and defined contribution plans. We’ll discuss the rules
of and limiting participation, the vesting of employees’ interests in their
accounts and limits on contributions and withdrawals. We’ll then briefly take a
look at nonqualified plans and the purposes they can serve.
In
module three, will turn to ERISA provisions other than those that relate to
retirement plans. We’ll focus on health and welfare plans, including a brief discussion
of the COBRA health insurance option. We’ll look at “multiemployer” and
“multiple employer” plans. The module also discusses the reporting and
disclosure requirements of these plans, including the Form 5500 and wrap-plan
documents.
Module
four turns to the responsibilities of the fiduciaries who run the plans and
participant rights. We will discuss the duties of loyalty, care,
diversification, continuity, conservation of funds and the responsibility to be
true to the plan documents. We also look at participants’ remedies for breaches
of these responsibilities. We’ll also focus on the rights of the participant,
such as access to plan information, fair process for benefit claims and the
right to bring remedial lawsuits.
Finally,
we will spend the last module looking at high topics in ERISA litigation. These
include examinations and applications of the fiduciary responsibilities and
exemptions for certain religious organizations. We’ll also look at class action
lawsuits brought under ERISA.
We
recommend this course in conjunction with our other courses on employee
benefits and taxation as comprehensive training in the areas of employment law
and employee benefits.
Best
of luck and we welcome your feedback.
ELD-501: ERISA and Pension Plans