ERISA Service Provider Agreements: Negotiating, Drafting, and Monitoring Contracts for Benefit Plans
Essential Provisions, Limitations of Liability, Fees and Disclosures, Recent Court Cases, Tactics for Handling Litigation
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will provide employee benefits counsel guidance for advising clients on negotiating and entering into service provider agreements for retirement plans. The panel will discuss key provisions, limitations of liability, fees and disclosures, recent court cases and tactics for handling litigation, some practical business concerns, and 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
- Recent cases and managing litigation
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
Paul T. Esposito
Principal
Slevin & Hart
Mr. Esposito has practiced employee benefits law exclusively during his career and has extensive experience in matters... | Read More
Mr. Esposito has practiced employee benefits law exclusively during his career and has extensive experience in matters relating to private and public welfare and pension plans under ERISA, the Internal Revenue Code, the Pension Protection Act, the Patient Protection and Affordable Care Act (“ACA”), and related state laws. He has represented clients in many aspects of pension and welfare employee benefit plan administration, plan design and fiduciary issues, with special emphasis in the areas of plan tax qualification, welfare plan contracting, withdrawal liability (including mass withdrawal liability issues), ACA compliance and subrogation/overpayment recoveries. Mr. Esposito has represented clients in numerous Department of Labor and Internal Revenue Service investigations and has guided clients in correcting plan operational issues through the IRS Employee Plans Compliance Resolution System program.
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Meredith B. Golfo
Principal
Slevin & Hart
Ms. Golfo has been with Slevin & Hart for more than 16 years, and her practice focuses on all aspects of... | Read More
Ms. Golfo has been with Slevin & Hart for more than 16 years, and her practice focuses on all aspects of representing multiemployer benefit plans under ERISA. She is located in New York and primarily represents clients of the firm that are located in New York and New Jersey. Ms. Golfo's practice includes the representation of clients in Department of Labor and Internal Revenue Service investigations, drafting plan documents, negotiating prescription and medical contracts and advising trustees on fiduciary responsibility under Title I of ERISA. She also has extensive experience in negotiating investment contracts, including hedge funds, real estate investment trusts and private equity arrangements. Ms. Golfo has counseled defined benefit pension plans regarding the relief provisions under Pension Protection Act of 2006 and the Multiemployer Pension Relief Act of 2014.
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Jennifer S. Kiesewetter
Of Counsel
Fisher & Phillips
Ms. Kiesewetter has more than 24 years of experience advising businesses in ERISA, employee benefits, compensation,... | Read More
Ms. Kiesewetter has more than 24 years of experience advising businesses in ERISA, employee benefits, compensation, fiduciary responsibility, and compliance matters. As a member of the firm’s Employee Benefits and Tax Practice in Nashville, she advises clients on all aspects of employee benefits and executive compensation, including qualified and nonqualified retirement plans, health and welfare benefit plans, cafeteria plans, severance plans, and equity-based compensation plans. Ms. Kiesewetter has advised companies, governmental entities, plan sponsors, plan administrators, human resources professionals, and fiduciaries regarding employee benefit plan compliance (both ERISA and non-ERISA). She also has served as a retirement plan compliance consultant at a national brokerage where she supported both external clients and internal retirement plan advisors and consultants, helping to complement organizations’ benefits, compensation, and overall people programs. Ms. Kiesewetter has also worked with businesses and investors during mergers and acquisitions, focusing on due diligence and compliance related to employee benefit plans, including retirement, health and welfare, and executive compensation plans. Additionally, she has worked on many post-acquisition employee benefit matters, specifically related to plan compliance and correction. Ms. Kiesewetter is a frequent speaker and author on topics including ERISA, employee benefits, retirement plans, health plans, and statutory and regulatory compliance.
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