Overview
The current recession and volatile financial markets highlight the importance of financial literacy. Until recently, retirement plan sponsors have been constrained in the types of investment advice that can be provided to plan participants. Plan sponsors have long wanted to provide the investment advice their participants desire, but without incurring liability for advice given in good faith. This OnDemand Webinar will provide practical advice to human resource and benefits professionals, along with their consultants and attorneys, as to how to comply with ERISA’s rules regarding investment advice, including the new investment advice exemptions under the Pension Protection Act.
Regulation of investment advice is rapidly changing. The Obama Administration has twice delayed the effective date of the final investment advice regulations under the Pension Protection Act, and new investment advice legislation is pending in Congress that could alter the regulatory landscape altogether. This program will provide up-to-date advice on regulatory developments and market trends so that plans can provide the investment advice participants need, without incurring liability.
Authors
Jonathan J. Boyles, McDermott Will & Emory LLP
Self Study Credit - OnDemand Webinar
| HRPD | 0.5 | | |
| CLE | 1 | PA | |
| CLE | 1.25 | AK, AZ, CA, IL, ND, OR, VT | |
| CLE | 1.3 | AL, MS | |
| CLE | 1.33 | TN | |
| CLE | 1.5 | MT, VA, WA, WI | |
| CLE | 1.6 | MO, WV | |
Self Study Credit - CD & Reference Manual
| CLE | 1.5 | AK, AZ, CA, GA, ME, MT, ND, NV, OR, UT, VT, WA | |
| CLE | 1.8 | MO, WV | |
| CLE | 2 | CO | |
Self Study Credit - Podcast
| CLE | 1.5 | AK, CA, ME, MT, ND, NV | |
| CLE | 1.8 | MO, WV | |
Agenda
Liabilities for the Unwary: ERISA's Fiduciary and Prohibited Transaction Rules
- The Fiduciary Standard and Personal Liability
- Prohibited Transaction Rules Affecting Nonfiduciaries
- Co-Fiduciary Liability
Investment Education
- Utilizing ERISA 404(c) to Avoid Liability for Participant Investment Decisions
- Department of Labor Interpretive Bulletin 96-1 Compliance Issues
- Practical Advice for Selecting Investment Educators and Advisors
Investment Advice
- Background: The SunAmerica Advisory Opinion
- Pension Protection Act Statutory Exemption for Investment Advice
- Personal Investment Advice Only Permitted in Fee Leveling
- Investment Advice Pursuant to Computer Modeling
- Liability Issues With Participants Utilizing Private Wealth Management Advisers
What's Next?
- Up-To-date Analysis of Pending Laws in Congress and Proposed Regulations
