Division I · Employer, Plan, and Fiduciary Foundations

Part 3. Fiduciary Duties and Prohibited Transactions

This Part covers fiduciary status, governance, service provider fees, ERISA §406, ERISA §408, Code §4975, plan asset issues, VFCP, and DC plan investment menu governance (menu construction, share classes and revenue sharing, recordkeeping fees, target-date funds, CITs, managed accounts, stable value, brokerage windows, alternative assets, and ESG/proxy voting).

Chapters

Also in this Part

• Issues to watchSubscribers
• Authorities cited in this PartSubscribers

Related Parts

• Part 21. Plan Corrections: EPCRS, VFCP, and DFVCP — for VFCP, Form 5330, late deposits, and correction
• Part 4. Reporting, Disclosure, Recordkeeping, and Claims — for §408(b)(2), 404a-5, Form 5500, and records
• Part 5. Qualified Plan Testing, Eligibility, and Vesting — for late deferral deposits
• Part 6. Distributions, Loans, Rollovers, and RMDs — for plan loan issues
• Part 9. ESOPs and Employee Ownership — for ESOP transactions, adequate consideration, exempt loans, and employer-stock valuation
• Part 15. Health Plan Parity, CAA, and Transparency — for health-plan fee fiduciary claims, §408(b)(2)(B) covered-service-provider disclosure (including PBMs and TPAs after the CAA 2026), and the §408(b)(2)(C) PBM rebate pass-through
• Part 25. Employee Benefits in Mergers and Acquisitions — for employer stock and plan asset issues arising in a deal
• Part 2. Plan Documents, Amendments, Mergers, and Terminations — for the settlor-vs-fiduciary line in amendment/termination decisions and surplus on termination
• Part 7. Defined Benefit and Hybrid Plans — for annuity-provider selection in pension risk transfers (IB 95-1)
• Part 23. ERISA Disputes, Enforcement, Preemption, and Remedies — for §502 claims, litigation holds, and remedies doctrine
• Part 22. Government Audits and Investigations — for the DOL/EBSA investigation-process mechanics behind a fiduciary-breach inquiry
• Part 24. Benefits Cybersecurity and Data Incidents — for DOL cybersecurity guidance, cyber vendor diligence and contract terms, fraudulent distributions and loss allocation, and the bond/fiduciary/cyber insurance stack