ERISA Service Provider Agreements for Retirement Plans: Negotiating, Drafting and Monitoring Agreements
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will prepare counsel to advise clients on negotiating and entering into service provider agreements for retirement plans. The panel will discuss some practical business concerns and possible best practices.
Outline
- Negotiations for ERISA retirement and pension plan service providers
- Services needed by retirement plan sponsors
- Considerations for plan sponsors when selecting service providers
- Bonding/insurance considerations
- Is the service provider a fiduciary under ERISA?
- Drafting service provider agreements
- Damages/indemnification provisions
- Limitation of liability
- Termination provisions
- Electronic communications
- Required compensation/fee disclosures
- Monitoring service provider performance
Benefits
The panel will review these and other noteworthy issues:
- How to determine whether a provider is a fiduciary under ERISA and the ramifications of that determination
- How to draft ERISA-compliant agreements that meet the business needs of both parties to the agreement
- Additional negotiating issues raised by ERISA concerns
Faculty
Todd B. Castleton
Counsel
Kilpatrick Townsend & Stockton
Mr. Castleton’s practice focuses on the compliance and administration of qualified defined contribution and... | Read More
Mr. Castleton’s practice focuses on the compliance and administration of qualified defined contribution and defined benefit retirement plans, nonqualified deferred compensation arrangements, and health and welfare plans. He partners with clients to create solutions for effective and efficient employee benefit plan administration, maintain the plans’ tax-preferred status under the IRC, comply with Titles I, II, and IV of ERISA, and implement the requirements of the Affordable Care Act.
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Seth J. Safra
Partner
Proskauer Rose
Mr. Safra advises clients on compensation and benefit programs. His experience covers a broad range of retirement plan... | Read More
Mr. Safra advises clients on compensation and benefit programs. His experience covers a broad range of retirement plan designs, from traditional defined benefit to cash balance and floor-offset arrangements, ESOPs and 401(k) plans—often coordinating qualified and non-qualified arrangements. Mr. Safra also advises on ERISA compliance for investments, including the U.S. Department of Labor’s new conflict of interest (fiduciary) rules.
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