Trivia Quiz On Employee Retirement Income Security Act Rules

The correct answer is "Only to the extent they perform fiduciary functions." This means that the employer's directors are fiduciaries with respect to the plan only when they are carrying out specific fiduciary duties related to the plan. In other words, their fiduciary responsibilities are limited to the tasks and functions that directly involve the management and administration of the plan.

The given answer is true because all the examples listed - selecting and monitoring other plan fiduciaries, selecting and monitoring third-party service providers, exercising discretion in denying or approving benefit claims, selecting and monitoring plan investments, and interpreting plan provisions - are indeed examples of fiduciary functions. Fiduciary functions refer to the responsibilities and duties of a fiduciary, who is someone entrusted with managing and making decisions regarding the assets or interests of another person or entity. In the context of retirement plans, fiduciary functions involve tasks such as selecting and monitoring various aspects of the plan to ensure the best interests of the participants are upheld.

The DOL has noted that some positions, i.e. plan administrator or trustee, may require any person who holds them to perform defined fiduciary functions.

Under ERISA (Employee Retirement Income Security Act), a person is considered a fiduciary if they meet any of the following criteria: exercising discretionary authority or control over the management of a plan or its assets, providing investment advice for a fee, or having discretionary authority or responsibility in the administration of a plan. Therefore, the correct answer is "all of the above" because all three conditions make a person a fiduciary under ERISA.

The term "welfare plan" as defined in Title I of ERISA includes any plan, fund, or program that provides medical benefits, benefits in the event of sickness, accident, death or disability, and vacation benefits. In other words, a welfare plan encompasses all of the mentioned benefits.

Top hat plans are a type of unfunded plan that is maintained by an employer specifically for a select group of management or highly compensated employees. These plans are designed to provide deferred compensation to these employees. Unlike other types of retirement plans, top hat plans do not require funding and are exempt from certain regulations under the Employee Retirement Income Security Act (ERISA). The term "top hat" refers to the exclusive nature of these plans, as they are typically offered only to a small group of high-level employees.

The correct answer is A and B. Deciding to establish, amend, or terminate a plan and deciding to include certain features in a plan (designing a plan) are not considered "fiduciary functions." Fiduciary functions refer to the responsibilities and duties of a fiduciary, who is entrusted to act in the best interests of the plan participants and beneficiaries. However, deciding to provide benefits to a participant based on the terms of the plan is considered a fiduciary function as it involves making decisions that directly impact the participants' benefits.

The correct answer is B and C. In Title I of ERISA, a "pension plan" is defined as any plan, fund, or program that provides retirement income to employees or results in a deferral of income until the termination of employment or beyond. This means that a pension plan can provide retirement benefits to employees and can also involve deferring income until the employee's employment is terminated or even beyond that.

A Keogh plan is a retirement savings plan designed specifically for self-employed individuals. It allows them to contribute a portion of their income to a tax-deferred account, similar to a 401(k) plan for employees. Unlike other retirement plans, such as a 401(k) or an IRA, a Keogh plan is only available to self-employed individuals and does not cover employees or highly compensated individuals. Therefore, the correct answer is that a Keogh plan covers self-employed individuals.

The fiduciary duty provisions of ERISA are contained in Title I, part 4 of ERISA.

Individual employment agreements providing for post-retirement compensation generally have been held not to plan for the purposes of Title I. This means that such agreements are not considered as part of a formal retirement plan and therefore may not be subject to the same regulations and requirements. This distinction is important in determining the legal obligations and protections for both employers and employees in relation to post-retirement compensation.

If, when rendering advice to a plan, professionals exercise discretionary authority over the management of a plan, disposition of plan assets, or administration of the plan, they will be designated as a fiduciary. This is generally rare.

Excess benefit plans are exempt from Title I uncer Section 4(b) of ERISA.

An excess benefit plan is a type of plan that is maintained to provide benefits in excess of the maximum benefits permitted under Section 415 of the IRC. This means that it allows participants to receive benefits that go beyond the limits set by the tax code for tax-qualified retirement plans. This type of plan is often used by high-income earners who want to save more for retirement and receive additional benefits that are not available through traditional retirement plans.

The assets of a rabbi trust are available to the employer's creditors in the event of insolvency.

Severance payments may or may not be considered welfare plans for the purposes of Title I, depending on whether the plan is administered or requires individual benefit determinations. If the plan is administered and provides for individual benefit determinations, then severance payments would be considered welfare plans. However, if the plan does not meet these criteria, then severance payments would not be considered welfare plans.

The correct answer is No because a policy or practice of paying terminated employees for unused vacation time is not considered a welfare plan. A welfare plan typically refers to employee benefits such as health insurance, retirement plans, or disability coverage. Paying terminated employees for unused vacation time is a separate issue and does not fall under the category of a welfare plan.