Dougsbpc Posted May 1, 2007 Posted May 1, 2007 Can attorney fees be paid from qualified plan assets? This employer really needs direction / opinions from an ERISA attorney. The company may not have the resources to pay those fees but the pension plan will have excess assets.
J Simmons Posted May 1, 2007 Posted May 1, 2007 Fees for truly settlor functions (e.g., advice about plan design and its impact on the sponsoring employer, advice about whether or not it is in the best interest of the sponsoring employer to terminate the plan at a certain point), no. Reasonable fees necessary for implementing and operating the plan, and to update its documents for legal developments, possibly. John Simmons johnsimmonslaw@gmail.com Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.
Effen Posted May 2, 2007 Posted May 2, 2007 This may help (or not). It does discuss the differences between Settlor and Fiduciary functions and provides a few sites that may help. Also, the DOL released some guidance a few years ago related to fees. You might want to look around on their web site. http://benefitslink.com/boards/index.php?s...c=17493&hl= The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
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