TAILIEUCHUNG - Lecture Employee benefits and retirement planning - Chapter 11: Qualified plan investments

This chapter begins by discussing fiduciary requirements of the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (IRC). Space is given to definitions and duties of fiduciaries. Prohibited plan transactions are covered next, followed by a brief discussion of unrelated business taxable income (UBTI). | Fiduciary Requirements of ERISA and the Internal Revenue Code funded employee-benefit plan creates fiduciary relationship fiduciary responsibility is broad plan must specify “named fiduciary” Copyright 2009, The National Underwriter Company Fiduciary Duties act solely in interest of participants and their beneficiaries act for exclusive purpose of providing benefits to participants and beneficiaries; defray reasonable administrative costs act with ‘care, skill, prudence, and diligence’ of ‘prudent man’ Copyright 2009, The National Underwriter Company Fiduciary Duties diversify plan investments BUT are exceptions for holding employer securities and employer real property follow provisions of documents and instruments governing plan unless inconsistent with ERISA Copyright 2009, The National Underwriter Company Delegation of Fiduciary Duties fiduciary duties can be delegated if plan provides definite procedure to do so delegation of fiduciary duties does NOT remove all fiduciary responsibility Copyright 2009, The National Underwriter Company Delegation of Fiduciary Duties fiduciary liable for breech of responsibility IF knowingly participates in or conceals a breach in fiduciary responsibility fails to comply with fiduciary duties as administrator thereby enabling another fiduciary to commit a breech has knowledge of breech by another fiduciary UNLESS makes reasonable effort to remedy breech fiduciary can carry liability insurance Copyright 2009, The National Underwriter Company Prohibited Transactions sale, exchange, or leasing of any property between plan and a party in-interest lending money or other credit extension between plan and a party in-interest furnishing goods, services, or facilities between plan and a party in-interest Copyright 2009, The National Underwriter Company Prohibited Transactions transfer to, or use by or for the benefit of, a party-in-interest of any assets of the plan acquisition, on behalf of the plan, of any .

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