Guest Benefitsrock Posted May 3, 2011 Posted May 3, 2011 If I have a welfare plan that is "top hat" but it doesn't offer deferred compensation, is it subject to the fiduciary duty rules under ERISA?
Guest laborandemploy2009 Posted May 4, 2011 Posted May 4, 2011 I arrived at the conclusion that yes, a welfare plan benefiting only top executive empees must comply with ERISA fiduciary rules. If it is unfunded/insured- it is exempted from annual reporting requirements per 29 CFR 2520.104-24. The plan I am dealing with does not provide medical benefits- rather disabilty income only. Watch out for PPACA if your plan covers medical benefits.
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