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Most private insurance and pension plans are required to adhere to ERISA laws. One of these laws in particular addresses the responsibilities and potential breaches of those in charge of the plan’s financial assets referred to as fiduciaries.
Even though these are private plans, fiduciaries are accountable under the law to their plan members and beneficiaries. They are charged with acting in the best interest of those involved in the plan, avoiding conflicts of interest, and not making decisions for their own financial gain. When fiduciaries break the law, their actions can lead to breach of fiduciary duty insurance claims. In order to learn more, individuals should meet with a knowledgeable bad faith lawyer that could answer their questions.
The Employee Retirement Income Security Act of 1974—ERISA for short—sets minimum standards for most private benefit plans and protects plan participants. Congress has given the Department of Labor (DOL) authority to regulate ERISA. However, it is important to note that ERISA does not cover religious or government-sponsored insurance or pension plans.
A fiduciary is any person who exercises discretionary authority over the assets of an ERISA plan, charges for investment advice in regards to the assets of the plan, or has any discretionary authority in the administration of the plan. However, the DOL has stated that for the purpose of fiduciary liability under ERISA, stockbrokers are not inherently considered investment advisors.
With institutionally sponsored ERISA plans spreading, the importance of fiduciary provisions in ERISA law grows. Under ERISA §502(a), plan members, beneficiaries, and the Secretary of Labor have the right to file claims for breaches of fiduciary duty.
However, only named fiduciaries or parties who had discretionary control over the operation or administration of the ERISA plan can have claims for breach of fiduciary duty filed against them. Specifically, ERISA breach of fiduciary duty claims usually center around one or more of the following actions:
ERISA laws specifically state that plan fiduciaries shall act only in the interest of the plan participants and beneficiaries. If they do not, they have breached their fiduciary duty. Fiduciaries who breach any portion of their duties under ERISA statutes have a personal liability to make up to the plan any losses incurred or profits ill-gained as a result of their breach.
ERISA fiduciaries are typically entrusted with millions of dollars in assets that belong to plan members. As such, they should be and are held to extremely high standards under ERISA laws, and they should face consequences if they do not meet these standards.
A dedicated lawyer could work with you to hold the fiduciaries of your ERISA plan accountable for their actions. If you believe that the administrator or someone else in charge of your ERISA plan has not been upholding their fiduciary responsibilities outlined under ERISA, call today to learn more about your legal rights and options for ERISA breach of fiduciary duty claims.
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VIEW CASE STUDY >I want to say thanks to J. Price McNamara for the sound free advice he gave me related how to increase my chances of being approved for Long Term Disability of being denied. I must say after implementing elements of his sound advice such as showing the insurance company proof of how my illness/disability had
I needed an attorney with a specific specialty and Price McNamara was definitely the right choice. His representation was based on principles that are probably unsurpassed by any other attorney in the field. McNamara represents individuals, not big-money corporations, like so many others in his field of specialty. He is a consummate professional, extremely knowledgeable
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I am an attorney. Price represented me, and in a separate suit represented my daughter, for injuries. He moved the cases at lightning speed and obtained maximum recovery. I was grateful and surprised. I would recommend Price to anyone who wants a top-notch attorney who gets results.
I would recommend Mr. Mcnanmara to anyone at any time. He was the best attorney that my family and I came in contact with. About three years ago we had a very tragic, accidental death in our family and the company knew that it was their fault but of course tried passing the buck. Mr.
Price and Sara are great. They helped us in a time of need. Their communication was always spot on and I never felt out of the loop with what was going on with our case.
Price is very professional, honest, and reliable. Whatever he says, he will follow through with the utmost integrity. He will turn over every stone and pays close attention to even the smallest detail. I’m glad I secured his services.
Without going into the painful details regarding the reason for having to hire Price, his compassion and communication helped my family during an extremely difficult time. If you need legal help because you or a family member was injured by something or someone else, don’t hesitate to call him.
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