ERISA Retirement Plan Investment Management Agreements: Guidance For Plan Sponsors To Minimize Risks
|Date / Time:
This CLE webinar will prepare counsel to advise ERISA retirement plan sponsors on negotiating and drafting investment management agreements. The panel will explain best practices for selecting a 3(38) investment manager to reduce company and personal fiduciary risk and outline key steps for structuring, documenting and monitoring investment manager partnerships.
ERISA plan fiduciaries have a continuing duty to monitor plan investments and remove imprudent ones. Plan fiduciaries are required to exercise the knowledge and experience of a prudent expert when making investment decisions. Recent years have seen an increase in lawsuits under ERISA alleging breach of fiduciary duties, which authorizes both personal liability and criminal penalties for violations.
An ERISA plan sponsor can delegate investment decisions to a third-party ERISA 3(38) investment manager to mitigate liability and risk for investment decisions. Plan sponsors remain responsible for hiring and monitoring a 3(38) fiduciary and must exercise due diligence to ensure they meet their own fiduciary duty.
Listen as our authoritative panel of attorneys discusses ERISA
3(38) investment managers and offers guidelines for selecting investment managers, negotiating and drafting IMAs, and monitoring investment manager and plan performance.
- Negotiating investment management agreements
- Drafting investment management agreements
- Monitoring investor management performance
The panel will discuss these and other key issues:
- What types of plan assets warrant use of a QPAM agreement?
- What representations and warranties should an IMA include?
- What bond and insurance requirements should an IMA include?
- What additional requirements should a QPAM agreement include?
Alexander P. Ryan, Of Counsel
Groom Law Group, Washington, D.C.
Mr. Ryan represents ERISA plan sponsors, administrators, trustees and various financial service providers in a variety of matters involving the administration of employee benefit plans, with a particular focus on issues related to investment of plan funds. Mr. Ryan frequently advises plan sponsors and their fiduciaries in all aspects of plan investments, including the design and implementation of complex investment transactions. He has experience counseling clients with respect to private equity funds, real estate funds, hedge funds, and various other forms of alternative investments, as well as collective trusts, mutual funds and separately managed accounts. Mr. Ryan has represented clients in matters before and involving the SEC and the DOL.
Todd A. Solomon, Partner
McDermott Will & Emery, Chicago
Mr. Solomon focuses his practice primarily on designing, amending, and administering pension plans, profit sharing plans, 401(k) plans, employee stock ownership plans, 403(b) plans, and nonqualified deferred compensation arrangements. He counsels privately and publicly held corporations and tax-exempt entities regarding fiduciary issues under ERISA, employee benefits issues involved in corporate transactions, executive compensation matters, and the implementation of benefit programs for domestic partners of employees. He has estensive experience counseling plan fiduciaries with respect to investment policies, alternative investments (e.g., hedge funds, limited partnerships, real estate), prohibited transaction issues, investment management agreements and payment of expenses from plan assets.
Joseph K. Urwitz, Partner
McDermott Will & Emery, Boston
Mr. Urwitz focuses his practice on employee benefits, executive compensation and ERISA fiduciary matters. He advises clients on a wide range of issues, including deferred compensation arrangements, equity award and bonus plan design, employment and severance arrangements, qualified plan work, employee benefit matters arising in mergers and acquisitions and prohibited transactions. He regularly provides advice to Fortune 100 company on complex questions concerning qualified and nonqualified plan design and administration and whether particular investments its multibillion dollar defined benefit plan is considering are ERISA-compliant.
Continuing Education Credits Available
This program has been approved for 1.5 CPE hours through Strafford Publications. CPE Credit is available only for the LIVE webcast. Recorded versions do not qualify for credit.
Strafford is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit.
To obtain CPE credit, attendees must participate in the live event, return an Official Record of Attendance to Strafford affirming their participation (including the CPE code announced during the program), and pay a processing fee of $35 per person.
Strafford will mail a certificate of credit within approximately 2 weeks of receiving an attendee's completed Official Record of Attendance—provided all required conditions have been satisfied.
Handout materials and the phone number for live presentations are made available to you 1 day prior to the event via email from the presenter. Copies of the presentations are included with recorded versions.
If you order a recorded version of the webinar, CD's will be mailed out approximately 10 days after the live event. Shipping is included in the price of recorded versions.
Cannot Attend The Live Presentation?
This presentation is also available in a recorded format, in On-Demand Or CD versions, as shown in the pricing options below.
|About Webcasts / Audio Conferences / Podcasts:|
Webcasts, audio conferences, and podcasts are presentations that you
attend via the Internet, phone, or mobile device at a specified date and time for "live" versions, or at your convenience for "recorded" and "On-Demand" versions.
versions are interactive, meaning that participants can ask questions in real time, plus are a very cost-effective form of training because 1) you receive fast, convenient learning without
any out-of-office time; 2) you can invite as many colleagues as you'd like to listen in on a single phone line; 3) you incur no travel expenses; and 4) you and your colleagues are back
at work immediately after the session ends!
And though with recorded versions you do lose the ability to ask questions, you gain the ability to hear the presentation numerous
times and to share it with others in your office.
Handout materials and the phone number for live presentations are made available to you prior to the event via email from the
presenter and from the "MyAccount" link on the menu bar. Copies of the presentations are included with recorded versions.
|Licenses / Designations / Educational Credits:||CPE|
All US States: 1.5
All US States: 1.5
|About The Provider:
||Strafford Publications, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417 or by visiting their website.
Strafford webinars and teleconferences offer an excellent opportunity to train your entire staff—with no lost travel time or expenses. They are extremely cost-effective—allowing an unlimited number of people at your location to listen from a single line at no additional charge.
Each live seminar features presentations by a panel of nationally recognized authorities, followed by an interactive Q&A session. Presentation materials can be viewed online or printed out. Audio can be accessed via the web or a telephone.
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