September 18, 2014
Fiduciary Liability and the Affordable Care Act: Coverage and Compliance
Fiduciaries of employer-provided pension, health and wellness benefit plans under ERISA have long been personally liable for decisions and actions made with respect to these plans. However, these exposures and the available insurance protection are ever-changing and often misunderstood. The 2015 employer mandates effected under the Affordable Care Act (ACA) have not only complicated employers’ understanding of ERISA and ACA compliance issues but have also added to fiduciaries’ liability. In this seminar, we will explore basic concepts of fiduciary liability, examine recent case law and insurance developments, further clarify the 2015 Pay or Play mandate (including qualifications for being an applicable employer and determining full-time status), and provide fiduciaries and human resources administrators with the latest information to guard themselves against constantly evolving fiduciary liability exposures and ACA compliance issues.