Brows By Index

 

ERISA Outline Book Index

FACTOR TABLES

* Accumulation of $1 over time, (Ch17/SecIII/PtB.1)

* Accumulation of $1 per year over time, (Ch17/SecIII/PtB.H2)

* Annual contribution required to reach $1 at end of term, (Ch17/SecIII/PtB.H3)

* Converting lump sum into annual annuity, (Ch17/SecIII/PtBH4.(1))

FAMILY AGGREGATION, see HIGHLY COMPENSATED EMPLOYEE

FAMILY AND MEDICAL LEAVE ACT (FMLA)

* Accrual of benefits: effect of FMLA leave, see ACCRUAL OF BENEFITS

* Eligibility break in service: effect of FMLA leave, see ELIGIBILITY RULES

* Vesting break in service: effect of FMLA leave, see VESTING RULES

FAMILY ATTRIBUTION, see ATTRIBUTION RULES

FBAR, see FOREIGN BANK ACCOUNT REPORT

FDIC INSURANCE

* Exceeding insurance limits is fiduciary breach, (Ch13B/SecII/PtF.11.c.)

* Increase in FDIC coverage limit for certain plans, (Ch13B/SecII/PtF.11.a.)

* Pass-through rules allow separate FDIC insurance limits to be applied to each plan participant, if certain conditions are met, (Ch13B/SecII/PtF.11.b.)

FEDERAL MID-TERM RATES, see INTERNAL REVENUE SERVICE

FEDERAL TAX LEVY, see ANTIASSIGNMENT RULE

FEE DISCLOSURES BY SERVICE PROVIDERS, (Ch14/SecIII/PtA.2.)

FEE DISCLOSURES TO PLAN PARTICIPANTS, see DISCLOSURE TO PARTICIPANTS AND BENEFICIARIESPARTICIPANT-DIRECTED INVESTMENTS

FEES PAID WITH PLAN ASSETS, see DISCLOSURE TO PARTICIPANTS AND BENEFICIARIES, EXCLUSIVE BENEFIT RULE

FICA AND FUTA, see ELECTIVE DEFERRALS, NONQUALIFIED DEFERRED COMPENSATION ARRANGEMENTS, SECTION 403(b) PLANS, SECTION 457 PLANS, TAXATION OF BENEFITS, WITHHOLDING RULES

FIDUCIARY

* Accountant: status as fiduciary, (Ch13B/SecII/PtA.4.g.)

* Actuary: status as fiduciary, (Ch13B/SecII/PtA.4.h.)

* Adequate consideration, (Ch1A/Def-Adequate Consideration)

* Administration of the plan: discretionary authority is a fiduciary position, (Ch13B/SecII/PtA.1.c.)

* Amendment of plan is not a fiduciary action, (Ch13B/SecII/PtA.4.c.3)a))

* Annuitization: decision to annuitize benefits is not a fiduciary function, (Ch13B/SecII/PtF.7.a.7))

* Attorney: status as fiduciary, (Ch13B/SecII/PtA.4.i.)

* Board of directors of employer: status as fiduciary, (Ch13B/SecII/PtA.4.d.)

* Broker: status as fiduciary, (Ch13B/SecII/PtA.4.j.)

- Recommendations with respect to rollovers to IRAs: FINRA guidance, (Ch13B/SecII/PtA.2.h.2))

* Compensation for services rendered by fiduciary, (Ch13B/SecII/PtA.10.)

- Not permitted if fiduciary receives full-time pay from employer, (Ch13B/SecII/PtA.10.), (Ch13B/SecII/PtA.10.)

- Prohibited transaction exemption for reasonable compensation for services, (Ch14/SecII/PtC.1.)

* Corporate officer: status as fiduciary, (Ch13B/SecII/PtA.4.d.)

- Control over corporate finances resulted in control over plan assets, (Ch13B/SecII/PtA.4.d.2))

- Personal liability of corporate officer, (Ch13B/SecII/PtA.4.d.1))

* Creation of plan is not a fiduciary action, (Ch13B/SecII/PtA.4.c.3)b))

* Definition of fiduciary, (Ch1A/Def-Fiduciary)

* Distribution recommendations (Advisory Opinion 2005-23A), (Ch13B/SecII/PtA.2.f)

- Proposed regulations would define as a fiduciary function, (Ch13B/SecII/PtA.2.a.3)a))

* Dual fiduciary capacity permitted, (Ch13B/SecII/PtA.9.)

* Duty of fiduciary, see FIDUCIARY DUTY

* Employee of employer, (Ch13B/SecII/PtA.4.e.)

- Human resources employee was not acting in fiduciary capacity, (Ch13B/SecII/PtA.4.e.1))

- Ministerial employee’s misinformation about distribution options may amount to fiduciary breach (Ch13B,Sec11/PtA.4.e.2))

* Employer: status as fiduciary, (Ch13B/SecII/PtA.4.c.)

- Amendment of plan is not a fiduciary action, (Ch13B/SecII/PtA.4.c.3)a))

- Can a corporate plan sponsor serve as trustee? (Ch13B/SecII/PtA.4.a.2))

- Creation of plan not a fiduciary action, (Ch13B/SecII/PtA.4.c.3)b))

- Determining the price of employer securities being sold to ESOP is a fiduciary action, (Ch13B/SecII/PtA.4.c.5))

- Contribution decision to make contribution in form of employer stock is not fiduciary action, (Ch13B/SecII/PtA.4.c.12))

- Settlor functions distinguished from fiduciary functions, (Ch13B/SecII/PtA.4.c.)

* Fee disclosure requirements by a plan fiduciary, see (Ch14/SecIII/PtA.2.)

* Fiduciary Rule vacated by Fifth Circuit, (Ch13B/SecII/PtA.2.a.1))

- DOL responds with temporary enforcement policy pending further guidance, (Ch13B/SecII/PtA.2.a.2))

* Financial institution engaging in investment transaction with plan not fiduciary solely because of such transaction, (Ch13B/SecII/PtA.3.e.)

- Foreign exchange transactions did not confer fiduciary status, (Ch13B/SecII/PtA.4.b.3))

* Financial professionals: fiduciary status, (Ch13B/SecII/PtA.4.j.) Also see Investment advice for a fee below

* "Good Samaritan" actions do not result in fiduciary liability, (Ch13B/SecII/PtA.4.b.2))

* Insurance agent: status as fiduciary, (Ch13B/SecII/PtA.4.k.)

* Insurance company: status as fiduciary, (Ch13B/SecII/PtA.4.l.)

- Plan of demutualization,

* Investment advice for a fee, (Ch13B/SecII/PtA.2.)

- Commodity Futures Exchange Commissions' business conduct standards will not cause swap dealers and swap participants to be investment advice fiduciaries, (Ch13B/SecII/PtA.2.g.)

- Definition of rendering investment advice for a fee, (Ch13B/SecII/PtA.2.b.)

- Execution of securities transactions not necessarily fiduciary action, (Ch13B/SecII/PtA.2.d.)

- Fiduciary Rule issued in 2017 vacated by Fifth Circuit, (Ch13B/SecII/PtA.2.a.1))

- Investment education to employee not necessarily investment advice, see PARTICIPANT-DIRECTED INVESTMENTS

- Non-ERISA plans and IRAs covered by investment advice regulations, (Ch13B/SecII/PtA.2.c.)

- Prohibited transaction exemption for investment advice rendered by certain fiduciary advisers, see PROHIBITED TRANSACTIONS

- Revision of definition of rendering investment advice (known as the Fiduciary Rule) vacated by Fifth Circuit, (Ch13B/SecII/PtA.2.a.1))

- Temporary enforcement policy pending further guidance following Fifth Circuit decision to vacate Fiduciary Rule, (Ch13B/SecII/PtA.2.a.2))

* Investment education to employees, see PARTICIPANT-DIRECTED INVESTMENTS

* Investment entity whose underlying assets are plan assets

- Person responsible for investing entity's assets is fiduciary of the plans that invest in that entity, (Ch13B/SecII/PtB.1.f.2)) Also see PLAN ASSETS

* Investment manager

- Definition of an investment manager, (Ch1A/Def-MultiemployerPlan), (Ch1A/Def-InvestmentManager)

- Reporting rules for state-registered adviser, (Ch1A/Def-InterestedParty/PtB), (Ch1A/Def-InvestmentManager/PtA)

* Liability issues for fiduciaries, see FIDUCIARY LIABILITY

* Management of the plan: discretionary authority creates fiduciary status, (Ch13B/SecII/PtA.1.c.)

* Ministerial functions not fiduciary actions, (Ch13B/SecII/PtA.3.a.1))

* Mutual fund settlement proceeds: intermediary acting as fiduciary when receiving proceeds on behalf of plan clients, (Ch13B/SecII/PtA.13.)

* Named fiduciary, (Ch13B/SecII/PtA.5.)

- Definition of a named fiduciary, (Ch13B/SecII/PtA.5.)

- Participant as named fiduciary with respect to the voting of employer securities, (Ch13B/SecII/PtA.12.c.)

- Plan must name at least one fiduciary, (Ch13B/SecII/PtA.5.), (Ch13B/SecII/PtA.5.)

* Not "all or nothing" concept, (Ch13B/SecII/PtA.7.)

- Directed trustee, (Ch13B/SecII/PtA.7.a.), (Ch13B/SecII/PtA.7.a.)

- Limitation on liability not applicable to named fiduciary, (Ch13B/SecII/PtA.7.a.)

* Officer of corporation: status as fiduciary, (Ch13B/SecII/PtA.4.d.)

* Participant: status as fiduciary, (Ch13B/SecII/PtA.12.)

* Persons prohibited from being fiduciaries, (Ch13B/SecII/PtA.11.)

* Revenue sharing arrangements

- Right to delete or substitute mutual fund providers may raise issue of fiduciary status, (Ch13B/SecII/PtA.4.1.2)a))(Ch14/SecII/PtE.7.c.1))

* SEC regulatory initiatives regarding standards of conduct for broker-dealers and investment advisers, see SECURITIES LAWS

* Securities transactions are not necessarily fiduciary functions, (Ch13B/SecII/PtA.2.e.)

* Selection of person to provide investment education services or investment advice is a fiduciary action, (Ch13B/SecII/PtJ.8.c.)

* Settlor function distinguished from fiduciary functions, (Ch13B/SecII/PtA.3.d.)

* Swap transactions under Dodd-Frank Act do not result in fiduciary status for Clearing Member or clearing counterparty (CCP), (Ch13B/SecII/PtA.2.g)

* Third party administrator (TPA): status as fiduciary, (Ch13B/SecII/PtA.4.m.)

- ADP testing services are not fiduciary functions, (Ch13B/SecII/PtA.4.m.4))

- Blackout notice: preparation and distribution did not create fiduciary status, (Ch13B/SecII/PtA.4.m.7))

- Failure to disclose "soft dollar" fees could result in fiduciary status, (Ch13B/SecII/PtA.4.m.6))

- Reliance by employer or trustees on TPA, (Ch13B/SecII/PtA.4.m.3))

- TPA does not become fiduciary solely because it exercises control over its engagement, (Ch13B/SecII/PtA.4.m.1)a))

- TPA had no duty to report client's fiduciary breaches because TPA was not a fiduciary of the plan, (Ch13B/SecII/PtA.4.m.1)b))

* Trustee, status of trustee as fiduciary, (Ch1B/Def-Trust)

* Volunteer fiduciary status not created by engaging in discretionary ministerial tasks, (Ch13B/SecII/PtA.3.f.)

FIDUCIARY DUTY

* Adequate consideration, (Ch1A/Def-Adequate Consideration)

* Allocating fiduciary responsibilities, (Ch13B/SecII/PtA.8.)

* Amendment procedure in plan, see AMENDMENT OF PLAN

* Annuity contracts

- Cancellation of contract, (Ch13B/SecII/PtH.1.c.)

- Selection of contracts to satisfy benefit payment obligation, (Ch13B/SecII/PtF.7.)

◆ Safest annuity standard (defined benefit plans only), (Ch13B/SecII/PtF.7.a.)

◆ Standards for selecting contracts under defined contribution plans, (Ch13B/SecII/PtF.7.c.)

- Standing to sue protected after contract distributed, (Ch13B/SecIV/PtB.1.b.1))

* Automatic rollover rule for involuntary cashouts of $1,000 to $5,000 made on or after March 28, 2005

- Fiduciary safe harbor, see DISTRIBUTIONS, FIDUCIARY LIABILITY

- Implementing the automatic rollover rule: prudence issues, (Ch13B/SecII/PtF.15.)

* Bonding requirements, (Ch13B/SecII/PtC.6.)

- Amount of bond required, (Ch13B/SecII/PtC.6.c.)

- Benefits paid out of employer's general assets: bonding exemption, (Ch13B/SecII/PtC.6.b.4))

- Certain small plans subject to increased bonding requirement as condition for audit exemption, (Ch13B/SecII/PtC.6.c.2))

- Exemption for certain broker-dealers, (Ch13B/SecII/PtC.6.b.2))

- Financial institution exemption, (Ch13B/SecII/PtC.6.b.1))

- Increased limit for plans holding employer securities, (Ch13B/SecII/PtC.6.c.1))

- Plan may purchase the bond, (Ch13B/SecII/PtC.6.d.)

- "Plan officials" must be bonded, (Ch13B/SecII/PtC.6.a.)

- Responsibility for complying with bonding rules, (Ch13B/SecII/PtC.6.f.)

- Scope and form of bond, (Ch13B/SecII/PtC.6.e.)

- Surety company requirements, (Ch13B/SecII/PtC.6.e.1))

- Who is treated as handling funds, (Ch13B/SecII/PtC.6.a.3))

* Claims procedure,

- Adverse determinations and notification requirements, (Ch13B/SecII/PtC.7.g.)

- Civil penalty not applicable to regulatory noncompliance, (Ch13B/SecII/PtC.7.i)

* Collection of contributions from employer

- ERISA imposes duty on trustee to seek collection of required contributions not made by employer, (Ch13B/SecII/PtCF.5.c.)

* Disclosure to participants: fiduciary duties relating to disclosure requirements, see DISCLOSURE TO PARTICIPANTS AND BENEFICIARIES, PARTICIPANT-DIRECTED INVESTMENTS

* Distribution of benefits

- Annuity contract selection is a fiduciary function, (Ch13B/SecII/PtF.7.)

- Information about distribution options, (Ch13B/SecII/PtF.6.g,)

* Diversification, (Ch13B/SecII/PtG)

- Duty to diversify investments, (Ch13B/SecII/PtG)

- Employer securities: exception to diversification rule, (Ch13B/SecII/PtG.2.)

- Employer securities: insider information: ERISA implications, (Ch13B/SecII/PtG.2.c.)

- ERISA Conference Report explanation, (Ch13B/SecII/PtG.1.)

- ESOPs: exception to diversification rule, (Ch13B/SecII/PtG.2.b.))

Moench presumption of prudence rejected by Supreme Court, (Ch13B/SecII/PtG.2.b.1))

◆ Pleading standards for a stock drop case (Dudenhoeffer case), (Ch13B/SecII/PtG.2.b.2))

. . . Post-Dudenhoeffer litigation, (Ch13B/SecII/PtG.2.b.2)c))

- Participant-directed investments: diversified options must be available, see PARTICIPANT-DIRECTED INVESTMENTS

* Economically-targeted investments can be consistent with fiduciary duty, (Ch13B/SecII/PtF.9.)

- Clarification of prudent analysis based on economic factors (FAB 2018-01), (Ch13B/SecII/PtF.9.a.2)a)) 

- ESG-themed funds on investment menu, (Ch13B/SecII/PtF.9.d.)

* Employer securities

- Insider information: ERISA implications, (Ch13B/SecII/PtG.2.c.)

- Moench presumption of prudence rejected by Sureme Court, (Ch3A/SecII/PtH.1.b.)

- Pleading standard for a stock drop case (Dudenhoeffer case), (Ch13B/SecII/PtG.2.b.2))

◆ Post-Dudenhoeffer litigation, (Ch13B/SecII/PtG.2.b.2)c))

- Valuation of, see Valuations below

* ESOPs

- Diversification exception, (Ch13B/SecII/PtG.2.b.)

- Moench presumption of prudence rejected by Supreme Court, (Ch3A/SecII/PtH.1.b.)

- Participants may be named fiduciaries with respect to voting of their allocated shares, (Ch13B/SecII/PtA.12.c.), (Ch13B/SecII/PtA.12.c.) (directed trustee)

- Repayment of unsecured loan with proceeds from sale of securities was not a breach, (Ch14/SecII/PtB.3.g.)

- Restructuring an ESOP loan, (Ch14/SecII/PtB.3.f.1))

* Exclusive purpose rule, (Ch13B/SecII/PtE) Also see EXCLUSIVE BENEFIT RULE

- Payment of fees out of plan assets, (Ch13B/SecII/PtE.4.)

- Redemption fees (Rule 22c-1), (Ch13B/SecII/PtE.4.c.7))

- Section 401(k) deferrals used to repay ESOP loan violates rule, (Ch13B/SecII/PtE.2.)

* Fee disclosure requirements under participant-directed plans, see PARTICIPANT-DIRECTED INVESTMENTS

* "Float" earned by financial services provider: fiduciary's duties regarding evaluation of arrangement, (Ch13B/SecII/PtF.3.g.)

- Court rules that float income is not a plan asset, (Ch13B/SecII/PtF.3.g.2))

* Funding policy must be established, (Ch13B/SecII/PtC.5.)

- Participant-directed plans not exempt from funding policy requirement, (Ch13B/SecII/PtC.5.b.)

- Statement of investment policy, (Ch13B/SecII/PtC.5.a.)

- Unfunded plans not required to have funding policy, (Ch13B/SecII/PtC.5.c.)

* Governing plan document must be complied with

- Cancellation of insurance contract, (Ch13B/SecII/PtH.1.c.)

- Consistency with ERISA is criterion for determining whether to follow plan document, (Ch13B/SecII/PtH.1.)

- Conversion of plan into participant-directed plan, (Ch13B/SecII/PtH.6.)

- Interpretation of document: who has authority to interpret, (Ch13B/SecII/PtH.3.)

- Market timing restrictions, (Ch13B/SecII/PtH.9.)

- Modification of investment options, (Ch13B/SecII/PtH.5.)

- Procedures for resigning as trustee, (Ch13B/SecII/PtH.1.d.)

- Statement of investment policy is a governing document, (Ch13B/SecII/PtH.2.)

* Indicia of ownership of plan assets must be within jurisdiction of U.S. courts, (Ch13B/SecII/PtD.2.)

* Interpretation of plan document: authority over, (Ch13B/SecII/PtH.3.)

- Standard of review of administrator's interpretation, (Ch13B/SecII/PtH.3.a.)

* Insurance company's assets: application of ERISA prudence standard to the insurer's general assets, (Ch13B/SecII/PtB.1.e.2))

* Investment manager

- Duty to comply with statement of investment policy, (Ch13B/SecII/PtC.5.a.1))

* Moench presumption regarding prudence of investing in employer securities in ESOP or eligible individual account plan (EIAP), see Employer securities above

* Monitoring performance of other persons, see Prudence below

* Missing participants in terminated DC plans: prudent conduct regarding search and disposition of benefits, (Ch6/SecIV/PtG.4.)(Ch13B/SecII/PtF.9.)

* Orphan plans: duties regarding liquidation, (Ch13B/SecII/PtF.17.)

* Overpayment of benefits: duty to recover, (Ch13B/SecII/PtF.5.a.)

- Contractual provisions of plan may be means of enforcement, (Ch13B/SecII/PtF.5.a.2))

- ERISA remedy might not be available to plan, (Ch13B/SecII/PtF.5.a.1))

* Ownership of plan assets

- Indicia of ownership must be within jurisdiction of U.S. courts, (Ch13B/SecII/PtD.2.)

* Participant contributions not transmitted timely to trust: responsibilities of the fiduciary, (Ch13B/SecII/PtB.1.b.3))

- Prohibited transaction issues, (Ch13B/SecII/PtB.1.b.2)a)), (Ch7/SecXVI/PtN.5.)

* Participant-directed plans: fiduciary duties with respect to such plans and mandatory fee disclosures, see PARTICIPANT-DIRECTED INVESTMENTS

* Participant loan program: fiduciary duty to administer, (Ch13B/SecII/PtF.8.)

* Plan administrator

- Factual determinations made by plan administrator: judicial review standard, (Ch13B/SecIII/PtA.2.b.)

- Interpretation of plan document usually reserved to plan administrator, (Ch13B/SecII/PtH.3.)

- Named fiduciary status for plan administrator, (Ch13B/SecII/PtA.5.)

- Reporting responsibilities, see REPORTING REQUIREMENTS

* Prohibited transactions: duty not to engage in such transactions, see (Ch14/SecIII/PtA.2.)

* Prudence, (Ch13B/SecII/PtF)

- Annuity contract selection, (Ch13B/SecII/PtF.7.)

- Economically target investments, (Ch13B/SecII/PtF.9.)

- "Float" earned by financial services provider on plan disbursements and investment trades, (Ch13B/SecII/PtF.3.g.)

- Misrepresentation of information is breach of duty, (Ch13B/SecII/PtF.6.c.)

- Monitor activities of appointed individuals, (Ch13B/SecII/PtF.3.)

- Overpayment of benefits: duty to recover, (Ch13B/SecII/PtF.5.a.)

- Participant loan program, (Ch13B/SecII/PtF.8.)

- Reliance on information provided to fiduciary, (Ch13B/SecII/PtF.4.)

- Resignation of trustee, (Ch13B/SecII/PtH.1.d.), (Ch13B/SecII/PtH.1.d.)

- Review of appraisal, (Ch13B/SecII/PtF.4.b.)

- Review of data provided by consultant, (Ch13B/SecII/PtF.4.a.)

- Review of performance of persons appointed by fiduciary, (Ch13B/SecII/PtF.3.)

- Selection of third party providers of investment education or advice, (Ch13B/SecII/PtJ.8.c.)

* QDRO procedures must be established by named fiduciary, (Ch13B/SecII/PtC.9.)

- Failure to follow procedures may result in fiduciary liability, (Ch13B/SecII/PtC.9.a.)

* Selection of person to provide investment education services or investment advice is a fiduciary action requiring prudence, (Ch13B/SecII/PtJ.8.c.)

* Self-dealing transactions, (Ch14/SecIII/PtA.2.)

* Shareholder activism with respect to securities' investments made by plan, (Ch13B/SecII/PtB.2.d.)

- Clarification of scope of shareholder activism guidelines (FAB 2018-01), (Ch13B/SecII/PtB.2.d.3))

- Socially-directed activities, (Ch13B/SecII/PtB.2.d.1))

* SIMPLE-IRA plans: fiduciary duties are limited, (Ch12/SecVII/PtD)

* Statement of investment policy, (Ch13B/SecII/PtC.5.a.)

* Status as a fiduciary, see FIDUCIARY

* Termination of plan

- Decision to terminate is not fiduciary action, (Ch13B/SecII/PtA.3.d.), (Ch13B/SecII/PtA.3.d.)

- Duties of fiduciary relating to plan termination, (Ch13B/SecII/PtA.3.d.), (Ch13B/SecII/PtA.3.d.)

* Trustee

- Authority and discretion to manage and control plan assets, (Ch13B/SecII/PtB.2.)

- Delegation to investment manager, (Ch13B/SecII/PtB.2.b.)

- Employer's default on its contribution obligations: trustee responsibility, (Ch13B/SecII/PtCF.5.c.)

- Resignation procedure, (Ch13B/SecII/PtH.1.d.)

- Shareholder activism, (Ch13B/SecII/PtB.2.d.)

- Voting proxies, (Ch13B/SecII/PtB.2.c.)

* Valuations

- Artificially-inflated employer stock: pleading standard, (Ch13B/SecII/PtG.2.c.2)c))

- Changing valuation dates, (Ch13B/SecII/PtF.10.a.)

- Determining value of shares of employer securities, (Ch13B/SecII/PtF.4.b.)

- Hard-to-value assets, (Ch3A/SecII/PtM.4.)

* Voting of shares

- Participants directing the voting of allocated shares, (Ch13B/SecII/PtA.12.c.)

- Proxies, (Ch13B/SecII/PtB.2.c.)

* Written document requirement, see PLAN

FIDUCIARY LIABILITY

* Allocating fiduciary responsibility: effect on liability, (Ch13B/SecII/PtA.8.a.)

* Automatic rollover rule for involuntary cashouts of $1,000 to $5,000: fiduciary safe harbor rule issued by DOL, see ROLLOVERS below

* Bankruptcy of fiduciary

- Liability to ERISA plans is non-dischargeable debt only if it relates to misappropriation of (or failure to properly account for) funds, (Ch13B/SecII/PtI.11.)

* Co-fiduciary liability

- Directed trustee, (Ch13B/SecII/PtA.7.a.)

- Enabling a breach to occur, (Ch13B/SecII/PtI.2.a.2))

- Failure to prudently monitor performance, (Ch13B/SecII/PtF.3.), (Ch13B/SecII/PtI.2.a.2)) (enabling breach to occur)

- "Good Samaritan" liability rejected by court, (Ch13B/SecII/PtA.4.b.2))

- Knowing participation, (Ch13B/SecII/PtI.2.a.1))

- Loss must result from the co-fiduciary's failure, (Ch13B/SecII/PtI.2.c.)

- Reasonable steps must be taken to prevent or remedy breach, (Ch13B/SecII/PtI.2.a.3))

- Resignation by trustee may not be sufficient to avoid liability, (Ch13B/SecII/PtH.1.d.)

- Successor fiduciary, (Ch13B/SecII/PtI.6.)

* Constructive trust remedy, (Ch13B/SecII/PtI.1.b.2))

* Civil action to recover for fiduciary breach, see ENFORCEMENT OF ERISA

* Civil penalty on applicable recovery amount (ERISA §502(l)), see ENFORCEMENT OF ERISA

* Direct responsibility for breach, (Ch13B/SecII/PtI.1.)

- Must show breach caused loss, (Ch13B/SecII/PtI.1.a.3))

* Directed trustee (direction from named fiduciary), (Ch13B/SecII/PtA.7.a.)

- DOL publishes guidance on its views regarding scope of directed trustee's responsibilities, (Ch13B/SecII/PtI.4.d.2))

- Participants were named fiduciaries with respect to voting of their allocated shares, (Ch13B/SecII/PtA.12.c.)

- "Proper" direction for ERISA §403(a) is analyzed, (Ch13B/SecII/PtI.4.d.)

- Scope of liability, (Ch13B/SecII/PtA.7.a.)

* ERISA §404(c) relief, see PARTICIPANT-DIRECTED INVESTMENTS

* Exculpatory provisions in agreement prohibited, see ENFORCEMENT OF ERISA

* "Good Samaritan" liability rejected by court, (Ch13B/SecII/PtA.4.b.2))

* Indemnification agreement to satisfy liability, (Ch13B/SecII/PtI.9.d.)

* Insurance coverage for liability

- Employer or union may purchase, (Ch13B/SecII/PtI.9.c.)

- Fiduciary may purchase, (Ch13B/SecII/PtI.9.b.)

- Plan may purchase if insurer has recourse against fiduciary, (Ch13B/SecII/PtI.9.a.)

* Investment manager

- No relief for trustee if there is a knowing participation in the investment manager's breach, (Ch13B/SecII/PtI.3.)

- Trustee relieved from liability with respect to assets under manager's control, (Ch13B/SecII/PtI.3.)

* Exculpatory provisions to relieve liability, see ENFORCEMENT OF ERISA

* Make-up contributions to restore losses and/or settle potential fiduciary claims, see ENFORCEMENT OF ERISA

* Monitor performance of other persons, failure to do so prudently, see Co-fiduciary liability above

* Multiple employer plans: does it reduce or eliminate fiduciary risk for participating employer? (Ch13B/SecII/PtI.5.)

* Nonfiduciary

- Not liable under ERISA for participating in fiduciary breach, (Ch13B/SecII/PtI.7.)

- Suits against nonfiduciary, see ENFORCEMENT OF ERISA

- TPA had no duty to report client's fiduciary breaches because TPA was not a fiduciary of the plan, (Ch13B/SecII/PtA.4.m.1)b))

* Offsetting fiduciary's benefit under plan to satisfy liability for breach, (Ch13B/SecII/PtI.1.c.1))

* Participant-directed plans under ERISA §404(c), relief from liability with respect to, see PARTICIPANT-DIRECTED INVESTMENTS

* Profits earned in commission of breach must be disgorged to plan, (Ch13B/SecII/PtI.1.b.)

* Prohibited transactions: Title I liability issues, (Ch14/SecVI)

* Relief from liability under ERISA §404(c) with respect to participant-directed accounts, see PARTICIPANT-DIRECTED INVESTMENTS

* Resignation by trustee may not be sufficient to avoid co-fiduciary liability, (Ch13B/SecII/PtH.1.d.)

* Restoration of losses to plan resulting from fiduciary's breach, (Ch13B/SecII/PtI.1.a.)

* Rollovers

- Automatic rollovers under IRC §401(a)(31): fiduciary safe harbor, (Ch6/SecIV/PtD.8.b.)

◆ Prohibited transaction exemption for plan sponsor who is a financial institution to use its own IRAs (or IRAs of an affiliate), (Ch14/SecII/PtE.12.)

- Terminated DC plans, (Ch6/SecIV/Pt.G.5.)

* Self-dealing with plan assets, see (Ch14/SecIII/PtA.2.)

* SIMPLE-IRA plans: fiduciary responsibility rules, (Ch12/SecVII/PtD.10.)

* Successor fiduciary may become liable for breaches incurred by prior fiduciary, (Ch13B/SecII/PtI.6.)

- Breaches committed before individual became fiduciary, (Ch13B/SecII/PtI.6.a.)

* Successor trustee, (Ch13B/SecII/PtI.6.)

* Trustee

- Directed trustee, (Ch13B/SecII/PtA.7.a.)

- Direction from named fiduciary regarding investments, (Ch13B/SecII/PtA.7.a.)

- Resignation may not be sufficient to avoid liability, (Ch13B/SecII/PtH.1.d.)

- Successor trustee, (Ch13B/SecII/PtI.6.)

* Uninsured bank deposits, (Ch13B/SecII/PtF.11.)

* Voluntary Fiduciary Correction (VFC) program offers way to correct liability for fiduciary breach, see VOLUNTARY FIDUCIARY CORRECTION (VFC) PROGRAM

FIDUCIARY STATUS, see FIDUCIARY

FILING DATES/DEADLINES FOR PERFORMANCE OF ACTS

* Extensions granted by DOL and PBGC, (Ch1A/Def-FilingDates/PtD)

- Disaster extensions, (Ch1A/Def-FilingDates/PtD)

* Extensions granted by IRS, (Ch1A/Def-FilingDates/PtC)

- Benefits-related actions subject to postponement by IRS, (Ch1A/Def-FilingDates/PtC.1.)

- Hurricanes Katrina, Rita and Wilma, (Ch1A/Def-FilingDates/PtC.3.)

- Terrorist attack on September 11, 2001: extensions granted by IRS, (Ch1A/Def-FilingDates/PtC.2.)

* Mailing date treated as filing date, (Ch1A/Def-FilingDates/PtA)

- Proof of mailing, (Ch1A/Def-FilingDates/PtA.3.)

* Private delivery services that may be used for the mailing date rule, (Ch1A/Def-FilingDates/PtA.1.)

* Weekend/holiday rule, (Ch1A/Def-FilingDates/PtB)

- IRS position on when the weekend/holiday rule applies, (Ch1A/Def-FilingDates/PtB.1.)

- Not necessarily applicable to all acts performed under the Internal Revenue Code, (Ch1A/Def-FilingDates/PtB.1.)

- Remedial amendment periods not subject to rule, (Ch1A/Def-FilingDates/PtB.1.b.)

FINAL AVERAGE COMPENSATION, see PERMITTED DISPARITY

FIRST SERVICE ORGANIZATION, see RELATED ORGANIZATIONS (Affiliated service group)

FIVE PERCENT OWNER, see HIGHLY COMPENSATED EMPLOYEES, TOP HEAVY RULES (Key employees)

FIVE YEARS BREAK IN SERVICE PERIOD, see VESTING RULES

FMLA LEAVE, see FAMILY AND MEDICAL LEAVE ACT

FOREIGN BANK ACCOUNT REPORT

* Application to foreign account interests held by plans, (Ch7/SecVI/PtG)

* Extension for certain persons to file FBARs, (Ch7/SecVI/PtG.1.)

* Maintenance of records, (Ch13A/SecIV/PtB.5.h.)

FORFEITURE

* Deduction limits: effect of forfeitures, see DEDUCTION LIMITS

* Events for forfeiture, see VESTING RULES

FORM 945, see WITHHOLDING RULES

FORM 1099-R, see ADP AND ACP TESTING, ELECTIVE DEFERRALS, REPORTING REQUIREMENTS, SECTION 401(k) PLANS, SECTION 401(m) PLANS

FORM 5330

* Explanation of Form 5330, (Ch13A/SecIV/PtB.5.)

* List of excise taxes paid on Form 5330, (Ch13A/SecIV/PtB.5.g.) Also see APPROVAL PROCESS

FORM 5308, see PLAN ADMINISTRATION (Plan Year)

FORM 5310-A, see REPORTING REQUIREMENTS

FORM 5500 SERIES

* 103-12 investment entities: special reporting rules where plan assets include underlying assets in such entities, (Ch13A/SecIII/PtE.3.)

* Accountant's audit of plan, (Ch13A/SecIII/PtD)

* Actuarial information reporting (Schedule SB/MB/B), (Ch13A/SecIII/PtE.3.)

- Schedules SB and MB replace Schedule B in post-2007 years, (Ch13A/SecIII/PtE.3.)

* Annual report, see Annual return below

* Annual return: definition, (Ch1A/Def-Attribution/PtA.1.d.), (Ch1A/Def-AnnualReturn)

* Audit requirement, (Ch13A/SecIII/PtD)

- Accountant must be independent of plan, (Ch13A/SecIII/PtE.3.)

- Exception for small plan filer, (Ch13A/SecIII/PtE.3.)

- Form 5500-EZ filer not subject to requirement, (Ch13A/SecIII/PtD.1.c.)

- Merger of plans, (Ch3B/SecX/PtD.2.g.)

- Section 403(b) plans exempt from audit in pre-2009 years, (Ch13A/SecIII/PtD.6.)

- Short plan year exception, (Ch13A/SecIII/PtD.6.)

- Small plans must satisfy minimum "qualified" asset requirement or increased bonding requirement to avoid audit, (Ch13A/SecIII/PtE.3.)

◆ Additional disclosure requirements, (Ch13A/SecIII/PtD.2.g.)

PBGC-covered DB plans that are exempt from SAR requirement must include this information in annual funding notice, (Ch13A/SecIII/PtD.2.g.2))

* Cafeteria plans: filing requirements, (Ch13A/SecIII/PtE.3.)

* Church plans: filing exemption, (Ch13A/SecIII/PtA.2.a.)

* Common or collective funds maintained by bank: special reporting rules, (Ch13A/SecIII/PtE.1.)

* Counting participants to determine which forms to file, (Ch13A/SecIII/PtE.3.)

- Zero percent vested terminated participants, (Ch13A/SecIII/PtB.4.c.)

* Deferred vested participants, see Schedule SSA below

* DFVC Program, see Penalties for failing to file below

* Due date for filing Form 5500, (Ch13A/SecIII/PtD)

- Automatic extension if employer's tax return on extension, (Ch13A/SecIII/PtF.1.a.)

- Direct Filing Entities (DFEs): reporting deadline, (Ch13A/SecIII/PtD.6.)

- Extensions obtained by filing Form 5558, (Ch13A/SecIII/PtE.1.)

- Late filing, see Penalties below

- Short plan year, (Ch13A/SecIII/PtE.3.)

◆ Final distribution of assets creates short reporting period, (Ch13A/SecIII/PtE.3.)

* Each plan maintained by employer must file separate Form 5500, (Ch13A/SecIII/PtD)

* EFAST2, (Ch13A/SecIII/PtD.1.c.)

- Attachments (proper "tags"), (Ch13A/SecIII/PtB.1.d.1)a))

- Delinquent and amended filings, (Ch13A/SecIII/PtB.1.c.7))

◆ DOL's Form 5550 Version Selection Tool, (Ch13A/SecIII/PtB.1.c.7)d))

- Form 5500-EZ filers, (Ch13A/SecIII/PtB.1.c.5))

- Signing credentials, (Ch13A/SecIII/PtB.1.d.2))

◆ Alternative procedure allows third party service provider to sign on behalf of clients, (Ch13A/SecIII/PtB.1.d.9))

◆ Forgotten User IDs and passwords, (Ch13A/SecIII/PtB.1.d.4)g))

◆ Invalid e-signatures, (Ch13A/SecIII/PtB.1.d.9)g))

- Status codes, (Ch13A/SecIII/PtB.1.d.11))

* Electronic display of Form 5500 information at DOL website, (Ch13A/SecIII/PtB.1.f.)

- Posting of Form 5500 information at employer's Intranet site, (Ch13A/SecIII/PtB.1.f.1))

* Electronic filing mandated by DOL for post-2008 plan years, (Ch13A/SecIII/PtD.1.c.)

- See EFAST2 above

* Electronic filing mandated by IRS for employers that file more than 250 returns in a calendar year, (Ch13A/SecIII/PtB.1.g.)

* Excess benefit plans: filing exemption, (Ch13A/SecIII/PtA.2.e.)

* Exemptions for certain employee pension benefit plans, (Ch13A/SecIII/PtE.3.)

* Final distribution of assets, see Plan termination below

* Form 5500-EZ late filing relief, see Penalties for failure to file below

* Forms/schedules

- Due date for filing, see Due date for filing above

- Form 5500, (Ch13A/SecIII/PtD)

- Form 5500-EZ, (Ch13A/SecIII/PtE.3.)

◆ Asset threshold for exemption from filing increased to $250,000, (Ch13A/SecIII/Pt.B..3.b.)

◆ "One participant" plan requirement, (Ch13A/SecIII/PtB.3.a.)

- Form 5500-SF for certain small plans, (Ch13A/SecIII/PtF.1.a.)

- Large plan filer designation, (Ch13A/SecIII/PtA.2.a.)

- Schedules required with Form 5500 series, (Ch13A/SecIII/PtD)

◆ IRS Form 8955-SSA (replaces Schedule SSA for post-2008 plan years), (Ch13A/SecIII/PtE.3.) Also see REPORTING REQUIREMENTS

◆ Schedule A, (Ch13A/SecIII/PtE.3.)

◆ Schedule B, see Schedule SB/MB/B below

◆ Schedule C, (Ch13A/SecIII/PtD.6.)

. . . Alternative reporting for eligible indirect compensation, (Ch13A/SecIII/PtC.5.b.4))

. . . Bundled arrangements, (Ch13A/SecIII/PtC.5.b.3))

. . . Estimating reportable compensation, (Ch13A/SecIII/PtC.5.b.10))

. . . Exclusion of insubstantial non-monetary compensation, (Ch13A/SecIII/PtC.5.b.5))

. . . Formulas used to reporting indirect compensation, (Ch13A/SecIII/PtC.5.b.8))

. . . Group health and other welfare plans, (Ch13A/SecIII/PtC.5.d.)

. . . Interaction with Schedule A, (Ch13A/SecIII/PtC.5.b.6))

. . . Proposed revisions to Schedule C, (Ch13A/SecIII/PtC.5.e.)

. . . Reportable compensation, (Ch13A/SecIII/PtC.5.b.)

. . . Specific compensation arrangements, (Ch13A/SecIII/PtC.5.b.2))

◆ Schedule D, (Ch13A/SecIII/PtC.1.d.)

◆ Schedule E (pre-2009 years), (Ch13A/SecIII/PtC.1.e.)

◆ Schedule G, (Ch13A/SecIII/PtB.1.g.)

◆ Schedule H, (Ch13A/SecIII/PtC.1.h.)

◆ Schedule I, (Ch13A/SecIII/PtC.1.i.)

◆ Schedule P (pre-2006 years), (Ch13A/SecIII/PtC.1.j.)

◆ Schedule R, (Ch13A/SecIII/PtC.1.k.)

◆ Schedule SB/MB/B, (Ch13A/SecIII/PtE.3.)

. . . MAP-21 reporting requirements, (Ch13A/SecIII/PtC.4.f.)

. . . Schedule B replaced by Schedules SB and MB, (Ch13A/SecIII/PtE.3.)

◆ Schedule SSA, see IRS Form 8955-SSA above

- Small plan filing designation, (Ch13A/SecIII/PtB.2.b.)

- Use forms for calendar year in which plan year begins, (Ch13A/SecIII/PtD)

* Fringe benefit plans: IRC §6039D filing requirement waived by IRS, (Ch13A/SecIII/PtE.3.)

* Governmental plans exempt, (Ch13A/SecIII/PtA.2.a.)

* Insurance company's pooled separate account: special reporting rules, (Ch13A/SecIII/PtE.1.)

* Investment entities whose underlying assets are treated as plan assets under §2510.3-101: reporting rules under §2520.103-12, (Ch13A/SecIII/PtE.3.)

* IRS compliance questions added to Form 5500 series, (Ch13A/SecIII/PtB.7.)

* Large plan filer, (Ch13A/SecIII/PtA.2.a.)

- Exception if participant count falls below 100, (Ch13A/SecIII/PtA.2.a.1))

* Late filing penalties, see Penalties below

* Master trusts (MTIAs): special reporting rules, (Ch13A/SecIII/PtE.3.)

* Merger: final return filed for at least one plan involved, (Ch13A/SecIII/PtB.4.c.)

- Separate accountant's report, if applicable, filed for plan that is being subsumed by merged plan, (Ch3B/SecX/PtD.2.g.)

* Multiemployer plans, (Ch13A/SecIII/PtB.6.a.)

* Multiple employer plans, (Ch11/SecXII/PtN)

- List of participating employers must be reported, (Ch13A/SecIII/PtB.6.b.4)a)i))

- Single plan concept, (Ch1A/Def-MultipleEmployerPlan/PtC)

* New plan with no assets at end of first plan year: should a Form 5500 be filed? (Ch13A/SecIII/PtB.8)

* Nonfiling penalties, see Penalties below

* Participant count determines which forms to file, (Ch13A/SecIII/PtE.3.)

* Penalties for failure to file or for late filing, (Ch13A/SecIII/PtD)

- Deficient filing may result in penalties, (Ch13A/SecIII/PtF.1.a.)

- Delinquent Filer Voluntary Compliance Program, (Ch13A/SecIII/PtE.3.)

◆ IRS penalty automatically waived, (Ch13A/SecIII/PtC.4.f.)

. . . Additional requirements if Form 8955-SSA was required for DFVC year, (Ch13A/SecIII/PtG.4.f.1))

- DOL penalty, (Ch13A/SecIII/PtE.3.)

- Form 5500-EZ: Voluntary correction program, (Ch13A/SecIII/PtG.5.)

- Form 8955-SSA/Schedule SSA: separate penalty for not filing, (Ch13A/SecIII/PtG.3.b.)

- IRS penalty, (Ch13A/SecIII/PtE.1.)

- Schedule SB/MB/B: separate penalty for not filing, (Ch13A/SecIII/PtB.3.a.)

- Waiver of penalties for reasonable cause, (Ch13A/SecIII/PtD.6.)

* Plan termination

- Checklist of plan termination procedures, (Ch15/SecVIII/PtA) (DC plans), (Ch15/SecVIII/PtA) (DB plans)

- Final distribution of assets creates short reporting period, (Ch13A/SecIII/PtE.3.)

* Plans required to file Form 5500, (Ch13A/SecIII/PtD)

* Related employers maintaining single plan: filing requirements, (Ch13A/SecIII/PtD.6.)

* SAR, see DISCLOSURE TO PARTICIPANTS AND BENEFICIARIES

* Schedule A, see Forms/schedules above

* Schedule C, see Forms/schedules above

* Schedule D, see Forms/schedules above

* Schedule H/I, see Forms/schedules above

* Schedule R, see Forms/schedules above

* Schedule SB/MB/B, see Forms/schedules above

* Schedule SSA, see SSA reporting under REPORTING REQUIREMENTS

* Section 403(b) plans: filing requirements, (Ch13A/SecIII/PtA.2.d.), (Ch13A/SecIII/PtC.1.e.)

- DOL provides reporting relief for certain pre-2009 contracts, (Ch13A/SecIII/PtB.1.e.1))

- Filing exemption for certain 403(b) plans, (Ch13A/SecIII/PtA.2.d.)

- No audit requirement for pre-2009 years, (Ch11/SecXII/PtN)

* SEPs: filing exemption, (Ch13A/SecIII/PtB.2.b.)

* Short plan year

- Audit exception for short plan year, (Ch13A/SecIII/PtD.6.)

- Due date for filing Form 5500, (Ch13A/SecIII/PtE.3.)

- Final distribution of assets, (Ch13A/SecIII/PtE.3.)

- Merger of plans, (Ch3B/SecX/PtD.2.g.)

* Single plan maintained by related employers, (Ch13A/SecIII/PtD.6.)

* Small plan filer, (Ch13A/SecIII/PtB.2.b.)

- Exception if participant count rises above 99, (Ch13A/SecIII/PtB.2.b.1))

* SSA reporting, see REPORTING REQUIREMENTS

* Summary annual report, see DISCLOSURE TO PARTICIPANTS AND BENEFICIARIES

* Statute of limitations on trust

- Schedule P no longer needed to start statute, (Ch13A/SecIII/PtC.1.j.)

* Table for Form 5500 filing requirements, (Ch13A/AppA)

* Tax code requirement for qualified plans to file Form 5500 series, (Ch13A/SecIII/PtE.1.)

* Top hat plans

- Delinquent Filer Voluntary Compliance Program is available, (Ch13A/SecIII/PtG.4.d.)

- Filing exemption for top hat plans that file registration statement with DOL, (Ch13A/SecIII/PtA.2.f.)

◆ Compliance by single top hat plan maintained by 2 or more controlled group members, (Ch13A/SecIII/PtA.2.f.1))

* Welfare benefit plans: filing exemptions, (Ch1A/Def-ListedTransaction/PtD.4.a.)

* Which form to file, (Ch13A/SecIII/PtB)

FORM 8837, see AMENDMENT OF PLAN  

FORM 8886-T

* Filing requirements, (Ch13A/SecIII/PtD)

FORM 8950,see PLAN DISQUALIFICATION

FORM 8955-SSA, see REPORTING REQUIREMENTS

FORMER EMPLOYEE, see COVERAGE TESTING, EMPLOYEE, HIGHLY COMPENSATED EMPLOYEE, NONDISCRIMINATION TESTING

FORMS OF PAYMENT, see DISTRIBUTIONS

401(k) DEFERRAL LIMIT, see ELECTIVE DEFERRALS (Section 402(g) limit)

FRACTIONAL RULE ACCRUAL METHOD, see ACCRUAL OF BENEFITS

FREEZING A PLAN

* Coverage testing for frozen plan, see COVERAGE TESTING

* Minimum funding requirements for the plan year in which the plan is frozen, (Ch1A/Def-EBSA)

* Money purchase plan: requirement to fund for freeze year, see ANTI-CUTBACK RULE

* Partial termination issues, see VESTING RULES (Partial termination)

FRESH START ADJUSTMENTS, (Ch3A/SecIII/PtA.1.c.)

FRINGE BENEFIT PLANS

* Reporting requirements, see FORM 5500

FROZEN PLAN, see FREEZING A PLAN

FUNDING-BASED BENEFIT RESTRICTIONS (IRC §436), (Ch1A/Def-EBSA)

FULLY-INSURED PLAN, (Ch1A/Def-EBSA), Also see PERMITTED DISPARITY

FUNDING POLICY, see FIDUCIARY DUTY

FUNDING TARGET, (Ch1A/Def-EBSA)

FUNDING TARGET ATTAINMENT PERCENTAGE (FTAP), (Ch1A/Def-EBSA)