Archive for January 2017

An ERISA Trustee’s Duty of Loyalty

It’s hard to be an ERISA trustee. Many plan trustees have other pressing corporate responsibilities and few have the time or experience to become fiduciary governance experts. But fiduciary governance need not be a complicated subject. Good fiduciary governance, whether done for a massive $10 billion pension plan or a small 401k with a couple…

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UPIA §2(c)(6) re Other Resources of the Beneficiary

prudent administration for a trustee

The Conundrum: Question: Should the investment policy and distribution rate from a trust be informed by assets held by the beneficiary that are outside the trustee’s responsibility or control?   Predictably the answer is… it depends. However, in most cases it is fair to say, “The trustee is obligated by statute to consider other assets, income,…

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