Sec. 6. Limitation on employer liability
243 words·~1 min read·
/bill/115/hr/4523/ih/section-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 404 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021 et seq.) is amended by adding at the end the following: An eligible employer (as defined in section 408(p)(2)(C)(i) of the Internal Revenue Code of 1986) shall not be a fiduciary in any respect with respect to a pooled employer plan, including with respect to the selection or monitoring of any plan service provider or any investment under the plan, if the pooled plan provider— receives no more than reasonable compensation for its services, as agreed to by the eligible employer, and agrees in the plan document to— comply with all requirements applicable to a pooled plan provider under this title, and assume, with respect to such eligible employer as agreed to by the eligible employer, all fiduciary responsibility with respect to the plan not retained by the eligible employer, and notifies the eligible employer of its obligations under the pooled employer plan.
Notwithstanding paragraph (1), eligible employers participating in such a pooled employer plan shall be responsible for— meeting the enrollment requirements applicable to such employer under the plan, transmitting contributions to the plan in accordance with the terms of the plan, providing such information and assistance as is within the sole control of the eligible employer and is needed by the plan to operate in accordance with the plan document, and providing such other information or assistance in accordance with regulations prescribed by the Secretary. .
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 6
Limitation on employer liability
Cites 1Cited by 0 across 0 sources