New ERISA 408(b)(2) Regulations

Mastering Detailed Requirements for Service Provider Fee Disclosures

Recording of a 110-minute CPE webinar with Q&A

Conducted on Wednesday, January 26, 2011

Recorded event now available

or call 1-800-926-7926

This teleconference will prepare advisors to employee benefit plan administrators to comply with the Labor Department's detailed disclosure requirements on plan service provider compensation starting in 2011. Using practical scenarios, the panel will provide guidance on making complete and compliant disclosures.


Advisors working with employee benefit plans or their service providers should prepare now for the Labor Department's detailed new disclosure requirements, which take effect for covered service contracts and similar arrangements as of July 16, 2011.

Plan fiduciaries must access extensive information about services performed for ERISA-governed, direct compensation and direct benefit plans and about direct and indirect compensation for those services. Fiduciaries must determine whether services are independent, reasonable and fairly priced.

Advisors should also now examine multiple issues such as the ERISA 408(b)(2) interim regs' "covered service provider" standard and required disclosures and recordkeeping—and review the lessons learned from the first filing in 2010 of the new and closely related Form 5500 Schedule C.

Listen as our panel of experienced employee benefits advisors provides the thorough briefing you need to make difficult decisions and compliant disclosures under the ERISA 408(b)(2) regs.



  1. ERISA 408(b)(2) interim final regulations
    1. Background
    2. Effective date
    3. Which plans are covered
    4. Standards for covered service providers
    5. Which services performed must or need not be disclosed
    6. Standards for direct and indirect provider compensation and bundled service arrangements
    7. Required ongoing recordkeeping
  2. Closely parallel disclosures on 2009 Form 5500 Schedule C
    1. Direct compensation paid by plan should be reported based on plan year
    2. Amount or estimate of indirect compensation, or indirect compensation formula, can be based on service provider’s plan year
    3. Including fees or expense reimbursements charged to “investment funds”
  3. Complex scenarios and questions likely to be faced during completion of service provider fee disclosures
    1. Possible options to consider in addressing them


The panel will explore these and other important facets:

  • Which plans and service providers are covered: Identifying those that must be listed in disclosures.
  • Which services are covered: Making sure you don't miss any of myriad services to plans.
  • What are proper disclosures and recordkeeping: Ensuring your first disclosures are complete and that ongoing recordkeeping is set up to ensure that future reports are as well.
  • Schedule C: Associated decisions with direct and indirect service provider compensation, bundled and unbundled arrangements, and non-monetary compensation.


Susan Serota
Susan Serota

Pillsbury Winthrop Shaw Pittman

She chairs the firm's Executive Compensation & Benefits Practice and is a member of its ERISA Litigation Team,...  |  Read More

Marianne Yudes
Marianne Yudes

Morgan Lewis

Her practice encompasses all areas of employee benefits law and executive compensation, with particular emphases on...  |  Read More

Sarah Lowe
Sarah Lowe

Kilpatrick Townsend

She focuses her practice on employee benefits, with an emphasis in the areas of qualified plans, related ERISA...  |  Read More

C. Todd Lacey
C. Todd Lacey

The (k)larity Group

He has spent more than a decade in the institutional retirement plan field and founded his firm in 2006. He is a...  |  Read More

Access Anytime, Anywhere

CPE credit is not available on downloads.

On-Demand Seminar Audio