ERISA Fiduciary Indemnification

[Guest TroyRiley]

May one ERISA fiduciary indemnify another ERISA fiduciary?

The case at hand involves a hold harmless and indemnification agreement under which one fiduciary agrees to act upon the others direction while being held harmless for any negative consequences or liability that result from acting upon such direction.

ERISA Section 410 appears to prevent this, but I was hoping for any insight anyone could provide. Thank you.

[Kirk Maldonado]

I think it is permissible. See this DOL pronouncement:

http://www.dol.gov/dol/allcfr/EBSA/Title_2...FR2509.75-4.htm

[Guest TroyRiley]

Thanks, Kirk. I appreciate the help.