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Posted

Hello, 

Has anyone ever drafted a legal opinion for a TPA?  I am having a hard time finding a sample/template specifically addressing EB services provided by a TPA. Thanks in advance!

-Rena

Posted

I think you will have to be a bit more specific. 

Are you looking for a sample service agreement? Between a TPA and Plan / Plan Sponsor?

Is there a specific issue with a TPA and you are writing a legal opinion to address the issue?

There are quite a few well known law firms that provide legal services to TPA, and I think at one time or another most TPAs have either encountered their work product (when onboarding an existing plan they might have access to existing contracts), or used them directly. I can think of Hall Benefits Group, Ferenczy Law, Trucker Huss, etc there are lots more those are just three off the top of my head. 

I'm a stranger on the internet. Nothing I write is tax or legal advice. 

I'd like a witty saying here, but I don't have any. When in doubt, what does the plan document say?

Posted

Thank you.  Yes, I am looking for a sample legal opinion. Our client is the TPA, which is growing and their investors are asking for a legal opinion on the benefits services they provide.  The investors want assurances that the TPA is not a deemed fiduciary based on the benefits services they provide to its clients and want to ensure their services do not constitute the unauthorized practice of law.  I just wanted to make sure I am hitting all of the right points in drafting the LO.  Thanks!

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