Tuesday, April 10, 2012

Insurance Plans Covered Erisa

Insurance Plans Covered Erisa

POST-PAYMENT AUDITS AND RECOUPMENT OF BENEFITS:
This Act governs private employee benefit plans, which means, in effect, any insurance that is offered by a private employer to employees as a benefit. It is estimated that at least 134 million Americans are covered by ERISA plans. ... Fetch Full Source

Lisa Kantor, Esq. On Eating Disorder Law 2 - YouTube
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Department of Labor Issues Final Regulations for ERISA: Part 3 of 4 by NJ Lawyer Gary Young










Hello! and thank you for joining us in part 3 of our ERISA video series. In this video I am going to discuss the Department of Labors and the final regulations issued for ERISA §408(b)(2).




§408(b)(2) of ERISA provides a statutory exemption from the legal prohibition against payment for services from a Covered Plan to any part-in-interest including a Fiduciary provided:
(1) such service is necessary for the establishment or operation of the plan;
(2) such service is furnished under a contract or arrangement which is reasonable; and
(3) no more than reasonable compensation is paid for such service.

On February 3, 2012, the Department of Labor ("DOL") issued final regulations that establish disclosure requirements for services performed and fees charged by "Covered Service Providers" to retirement plans (the 408(b)(2) "Final Regulations").
A Covered Service Provider ("CSP") is defined to be a service provider that enters into a contract or arrangement (whether written or not) with a Covered Plan and reasonably expects to receive $1,000 or more in compensation in connection with the services. The Final Regulations provided additional changes to the "interim final" regulations published on July 16, 2010.

The deadline for compliance under the Final Regulations is July 1, 2012 (previously April 1, 2012).
The effective date for compliance under ERISA §404(a) Participant Fee Disclosure Regulations was extended to August 30, 2012 so that Plan Fiduciaries may incorporate information disclosed under the Final Regulations.




On or before the effective date, the CSPs must provide or disclose:
• A description of the services provided to the Covered Plan.
• The status of the CSP as a fiduciary to the Covered Plan.
• An estimate of direct and indirect compensation received or paid to other CSPs.
• An estimate of the cost of record keeping services (if record keeping is provided).
• Manner of receipt/payment of compensation (billing versus deduction from plan assets).
• An estimate of investment fees and expenses (if designated investments are provided).

Please watch the video. For any questions, please contact Gary Young at


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