EP 164: Recent Litigation Highlights ERISA’s Voluntary Benefit Exception and Fiduciary Awareness

In this episode, Chase Cannon and Suzanne Spradley discuss a recent wave of litigation centered on ERISA’s fiduciary obligations for health and welfare plan sponsors. Suzanne begins with an explanation of the lawsuits and how the voluntary benefit plan exception from ERISA is core to the lawsuit allegations. Suzanne and Chase continue with a close look at the exception and the criteria employers should consider to meet the exception. The two close with a discussion on employer takeaways for ERISA fiduciary and voluntary plan exception purposes.