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Reflection
02-27-2008, 07:08 PM
The way this is worded in the Handbook of EE benefits, ch 39 is confusing me.

It lists fiduciary duties under the common law of trusts, which was effective in olden times. Then it lists the duties under ERISA. It looks like the ERISA laws have a lot of overlap with the old ones, which makes sense.

In short, is this the complete list of duties of a trustee under ERISA?
1. Sole Benefit/Loyalty
2. Prudence
3. Diversification
4. Plan Document
5. Prohibited Transactions

Thanks.

thing
02-27-2008, 07:56 PM
Yep, though on #2 you should be clear that ERISA requires "prudent expert" level prudence, as opposed to the mere duty of prudence expected under common law.

Reflection
02-27-2008, 08:13 PM
Yep, though on #2 you should be clear that ERISA requires "prudent expert" level prudence, as opposed to the mere duty of prudence expected under common law.

Thanks thing, I'll keep that in mind! :) I just wanted to make sure if asked for the duties of a trustee under ERISA I didn't need to write the duties under the common law of trusts as well, since they seem kinda redundant.

Yay memorizing!! (I'm trying hard to be my own cheerleader tonight...)

thing
02-28-2008, 12:16 PM
(I'm trying hard to be my own cheerleader tonight...)
Go (clap) Reflection! (clap) Go, go, reflection! Woo!

Reflection
02-28-2008, 02:16 PM
Go (clap) Reflection! (clap) Go, go, reflection! Woo!

Awww... you're so sweet... if I was there I'd make you cookies. :)