ERISA
Employee Retirement Income Security Act of
1974
The policy underlying ERISA or the Employee
Retirement Income Security Act of 1974 is to protect the
interests of retirement plans participants and their
beneficiaries in employee benefit plans by establishing
standards of conduct, responsibility and obligation for
fiduciaries and any person providing services to a retirement
plan.
In general, these standards of conduct and
obligations are set forth in the fiduciary duty and prohibited
transaction provisions of ERISA. These rules are also set forth
in the Internal Revenue Code (IRC) denying favorable tax
treatment to noncomplying plans and plan sponsors and some
state statutes such as the Uniform Prudent Investors Act (UPIA)
and the Uniform Management of Institutional Funds Act
(UMIFA).
This section focuses on ERISA but remember
that the IRC, UPIA, and UMIFA impose similar restrictions on
transactions involving trusts, estates, endowments, and
foundations even if ERISA does not apply. This section
identifies retirement and other employee benefit accounts that
are covered by ERISA and briefly summarizes the fiduciary duty
and prohibited transaction rules.
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