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Beyond Fee Disclosures
Presentor: David Schultz Recorded Date: 4/2/2015 Duration: 100 Min.

This program was recorded during a live presentation given on April 2, 2015 at 12:00PM EST.

It has been nearly three years since the Plan Sponsor and Participant fee disclosure regulations went into effect. While plan sponsors and service providers have made efforts to comply with the disclosure requirements, the regulations have significant implications within ERISA’s legal framework that extend beyond the mere provision of disclosure notices. Using the disclosures to determine the reasonableness of such fees is an integral part of the purpose of these regulations and failure to adequately do so could result in fiduciary liability and/or prohibited transactions.

This Web seminar is for plan sponsors and practitioners who would like to better understand their obligations under ERISA Section 408(b)(2) to obtain adequate disclosures from service providers and to ensure that their service arrangements are reasonable. The seminar builds on your basic understanding of the fee disclosure requirements to identify best practices that maximize compliance with the requirements of ERISA.

Topics include:

  • Overview of fiduciary duties
  • Review of:
    • 404(a)(5) – participant fee disclosures
    • 408(b)(2) – service provider fee disclosures
  • Penalties for failures to obtain or provide disclosures
  • Plan sponsor obligations to review disclosures
  • Methods for determining fee reasonableness
  • Potential fiduciary liability and prohibited transactions
  • Documenting the process

There are no prerequisites or advance preparation for this presentation.

Level: Intermediate.

Instructional Delivery Method
Group – Internet-Based

Speaker: David Schultz, J.D.

Objectives: After attending this Web seminar, an attendee should be able to:


  1. Understand the fee disclosure requirements of plan sponsors and service providers
  2. Advise clients regarding their obligations to review and assess the reasonableness of service agreements
  3. Determine the risks to service providers and fiduciaries of failing to provide, obtain, and review disclosures
  4. Develop an appropriate process to review disclosures and document conclusions


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