Benefits & ERISA Law

Wednesday Potpourri

Over the past week or so, several interesting items have crossed my desk, none of which have appeared while I have had time to do them justice with a full blown post. We will do three for Wednesday today - even though there is no alliteration at all to that title, as opposed to five for Friday or twofer Tuesday - and run them down here.

First is this interesting article on the 403(b) regulations, and the intersection of the tax code and ERISA. It's a good starting point for understanding the current regulatory status of such plans.

Second, in a perfect intersection (well, almost, since surety bonds aren't exactly insurance) of the two topics included in the title of this blog, is an excellent post summarizing ERISA's surety bond requirements. From fiduciary liability insurance to surety bonds to the personal liability of fiduciaries, ERISA in theory, structure and operation, is built around a framework that is intended to surround retirement plan management with pockets of funds that can be used to reimburse plan participants against losses.

Third, here is a nice squib on the question of when ERISA applies to, and governs, severance package programs as part of company reductions in force. Most such programs will fall within ERISA's ambit, and, as the article points out, it is beneficial to the employer to structure the program to bring it within the confines of ERISA.

Full post as published by Boston ERISA Law Blog on April 07, 2010 (boomark / email).