Organized in a convenient Q&A format to speed you to the information you need, 2015 ERISA Facts delivers the latest guidance on: • Fiduciary responsibility under ERISA • Health insurance issues (HIPAA, COBRA, etc.) • Plan administration issues • Responsibilities related to plan investments and fiduciary liability
The 2015 Edition includes these updates: • Changes to civil penalties for plan administrators who fail to file a timely annual report and changes to civil penalties assessable by the DOL against plan administrators who fail to file a timely annual report and do not participate in the DFVCP • Procedure for filing a delinquent Form 5500 under the DFVCP by a plan administrator • New information regarding contents of a valid authorization under HIPPA requirements • Changes to use of HIPPA Protected Health Information (PHI) without consent being required • Changes to the application of the HIPAA Security Rule regarding Electronic Transactions and PHI • Updated information regarding prohibited transactions between a plan and a party in interest • Rules affecting prohibited transactions between a plan and a fiduciary • Developments regarding sanctions and penalties for failing to meet notice requirements under COBRA • Recent developments relating to fiduciary liabilities regarding the statute of limitations and participants ability to file suit • New developments in the Employee Benefits Security Administration’s priorities and projects • Changes in the scope of ERISA preemption • Rules regarding the distribution of ESOP benefits • Effect of streamlined filing and notice requirements at the Pension Benefit Guaranty Corporation (PGBC) • Updated rules regarding “Reportable transactions” for purposes of filing Form 5500 • Updates to the schedules filed with Form 5500 • Updated fiduciary requirements for disclosure in participant-directed individual account plans • Updates to definition of “protected health information” under the Privacy Rule of HIPPA • Updated information as to who is entitled to COBRA benefits • Updated guidance for fiduciaries regarding terminated defined contribution plans • Fiduciary duty regarding terms of a plan document that are inconsistent with ERISA • Fiduciary conduct during a takeover bid or other contests for corporate control • Developments regarding the statutory exemption relating to plan loans to parties in interest