Candace Quinn and José Jara Published in Pension & Benefits Reporter "ERISA's Fiduciary Duties: Meeting the 'Reasonable' Contract and Fee Requirements"

Candace Quinn and José Jara’s article, “ERISA’s Fiduciary Duties: Meeting the ‘Reasonable’ Contract and Fee Requirements,” was published in the April 22, 2008 issue of Pension & Benefits Reporter.

Candace and José note that “[t]here has been increasing focus on fee arrangements for tax code section 401 (k) plans” that has sparked litigation and proposed regulation concerning fee arrangements in 401 (k) plans. The authors portray ERISA’s current statutory and regulatory framework and outline proposed regulations by the DOL, Congress and the SEC. Candace and José conclude that given the attention focused on proposed regulations and legislation “on the reasonableness of the fees paid under the contract or arrangement for plan services, plan fiduciaries should take steps to ensure continued compliance with ERISA Section 408 (b) (2).”