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Fiduciary Counseling

Practices

Fiduciary Counseling

Representative Experience

  • Fiduciary structure. Providing advice regarding the establishment and operation of an appropriate fiduciary structure and framework. We help fiduciaries prepare and maintain documentation that outlines their powers and duties, as well as delegated duties and responsibilities.
  • Governance. Assisting in the establishment and implementation of processes and procedures designed to help fiduciaries comply with and satisfy their duties and responsibilities.
  • Fiduciary training and education. Providing fiduciary training and education, as well as regular updates to help fiduciaries stay abreast of new laws, regulations and the implications of court decisions.
  • Fee disclosure rules. Communicating updates and advice on compliance with the new U.S. Department of Labor (DOL) fee disclosure rules.
  • Retirement plan service provider agreements. Assisting with the review and negotiation of contract terms and conditions relating to retirement plans, including trust, recordkeeping and fee agreements, and insurance and investment contracts. We also assist with requests for proposals from new and existing retirement plan service providers.
  • Health and welfare plan service provider agreements. Assisting with the review and negotiation of contract terms and conditions relating to health and welfare plans, including network provider agreements, claims administration service agreements, Consolidated Omnibus Budget Reconciliation Act (COBRA) and flexible spending account (FSA) service agreements, stop-loss policies and other insurance policies.
  • Plan documentation requirements. Drafting and/or reviewing plan documents, summary plan descriptions, plan amendments and related participant communications designed to help fiduciaries meet their obligation to ensure that plan documents and participant communications are accurate and legally compliant.
  • Plan administration. Tracking and applying plan administration requirements and advising on how to correct administrative errors under Internal Revenue Service (IRS) and DOL guidelines.
  • Prohibited transaction exemptions. Preparing applications for prohibited transaction exemptions. We have obtained exemptions in cases involving plan investments in limited partnerships and other illiquid investments, real estate and employer stock.