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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    ERISA

Date & Time
  • event Date

    Wednesday, May 13, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will prepare employee benefits counsel to advise employers and third-party service providers on negotiating and drafting administrative services agreements for health and welfare plans. The panel will discuss practical legal and business considerations, ERISA fiduciary issues, critical terms and provisions to minimize liability and risks, and best practices in selecting, contracting, and monitoring third-party providers.

Faculty

Andrew L. Oringer
Partner
The Wagner Law Group, LLP

Mr. Oringer is co-chair of his firm's ERISA and Executive Compensation group, and leads the firm’s national fiduciary practice in New York. He counsels clients on their employee benefit plans and programs, benefits-related tax matters and fiduciary issues arising in connection with the investment of employee benefit plan assets. His practice includes advising clients regarding ERISA and employee benefits generally, including 401(k) and other retirement plans as well as medical and other welfare plans. His advice to clients encompasses all aspects of corporate transactions and initial public offerings in which benefits and compensation issues play a central part.

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Todd B. Castleton
Counsel
Kilpatrick Townsend & Stockton LLP

Mr. Castleton’s practice focuses on the compliance and administration of qualified defined contribution and defined benefit retirement plans, nonqualified deferred compensation arrangements, and health and welfare plans. He partners with clients to create solutions for effective and efficient employee benefit plan administration, maintain the plans’ tax-preferred status under the IRC, comply with Titles I, II, and IV of ERISA, and implement the requirements of the Affordable Care Act.

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Timothy R. Brown
Miscellaneous

Description

Selecting, monitoring, and ensuring the effectiveness of third-party service providers in the context of health and welfare benefits administration is generally accomplished through an administrative services agreement. Negotiating these agreements raises a host of complicated compliance, risk management, and business considerations for employers and service providers.

An effective administrative services agreement clearly outlines the scope of services, defines the rights and obligations of the parties--including ERISA fiduciary responsibilities--addresses compliance with ERISA and other applicable federal and state laws, and includes well-crafted risk management provisions, including indemnification and liability limitations.

Benefits counsel negotiating administrative services agreements on behalf of employers or third-party service providers must have a thorough knowledge of the risks and liabilities involved to negotiate the most favorable terms for the client and avoid pitfalls.

Listen as our panel of experienced employee benefits attorneys examines relevant legal and business considerations and offers best practices for health and welfare plan sponsors and third-party service providers when negotiating, drafting, and monitoring administrative services agreements.

Outline

  1. Selecting third-party providers
  2. Negotiating administrative services agreement terms
    1. Services needed by plan sponsors
    2. ERISA fiduciary issues
    3. Common contracting terms
    4. Allocation of risk/liability and provisions for termination
  3. Monitoring third-party performance

Benefits

The panel will review these and other key issues:

  • What factors should counsel consider when selecting third-party providers to administer health and welfare benefit plans?
  • What key terms should be included in administrative services agreements?
  • Additional negotiating issues raised by ERISA and practical business concerns