Episode 206: Empowering Plans: P167 – Who is a Fiduciary and Does it Even Matter? Lawsuits Abound!

In this episode of Empowering Plans, The Phia Group’s Chief Legal Officer – Ron Peck – and Sr. VP of Consulting – Jennifer McCormick, analyze recent lawsuits involving self-funded plan sponsors and their third party administrators, and accusations of fiduciary breach on the part of TPAs.  We delve into whether TPAs can be fiduciaries, what this means, and whether it even matters when it comes down to how administrators manage plans.  Finally, are plan sponsors signing contracts enabling TPAs to do things contrary to ERISA, and who is to blame when this is the case?  Anyone and everyone handling self-funded plan assets needs to tune into this one!