The Case for a Health and Welfare Plan Committee

Trucker Huss

Presenters: Mary Powell and Brian Murray

The world has changed dramatically for employer-sponsored health plans in the last few years.  Lawsuits have been filed against plan sponsors (in their fiduciary capacity) for various alleged fiduciary breaches, including paying excessive fees to certain health plan vendors and engaging in prohibited transactions.  We expect the plaintiffs’ bar will continue to bring fiduciary breach cases against the fiduciaries of employer-sponsored health plans.  Now is a good time to consider adopting a health and welfare plan committee to protect the plan sponsor from these lawsuits.

The following will be discussed:

• Basics of fiduciary duties for health and welfare plans
• How to create a health and welfare plan committee, including required documentation
• Who should serve on the committee
• Agenda items for the committee
• Lessons learned from analogous retirement plan fiduciary breach cases where the employer had a plan committee that followed, and documented, a diligent process

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