Question
How should I reply? 1. There are many different ways ERISA plan transactions might include a party in interest. A PII could, for example, be
How should I reply?
1. There are many different ways ERISA plan transactions might include a party in interest. A PII could, for example, be a person of support for the plan administrator or team. They could be a source of advice on issues concerning plan investments. A PII could act as the plan's fiduciary. They can transfer or obtain plan assets.
ERISA typically forbids credit extensions between plans and parties in interest, but a party in interest may be involved in an ERISA plan transaction in a number of other different ways.
2. Service providers (such as investment advisors or 3rd party administrators). If a plan pays excessive fees for service's, or if services are contracted without a competitive bidding process, this could be seen as an improper transaction if the service provider is a party of interest.
- Employers can be a party of interest to their own benefit plan. An example of a prohibited transaction would be if the plan purchased property from or sold property to the employer above or below market value.
- Loans to employers or employees. This is an obvious one but a loan from the plan to an employer or an employee who is a party in interest.
- Real estate transactions. If the plan acquires real estate from a party in interest (but there are always exceptions and exemptions that would allow this to happen, if certain rules were followed).
- Self dealing / self serving. If a fiduciary, acting on behalf of the plan, carried out a transaction or investment that would also personally benefit them (and they can't say they didnt know).
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