About the Course
Introduction
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.
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.
Presented By
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.
Mr. Oringer heads the firm’s New York office and serves as its General Counsel. His expertise extends to a broad array of issues relating to ERISA and executive compensation. Mr. Oringer advises clients regarding their pension and welfare plans and arrangements, benefits-related tax matters and fiduciary issues arising in connection with the investment of plan assets and has extensive experience with executive compensation representing employers as well as individual executives. His advice to clients encompasses all aspects of corporate transactions and initial public offerings in which benefits and compensation issues play a central part. Mr. Oringer regularly counsels financial institutions and plan fiduciaries regarding investments and has been instrumental in designing intricate investment structures to address complex ERISA issues. As General Counsel, he addresses a variety of ethical issues impacting an ever-growing law firm. Nationally known for his experience with ERISA and matters relating to executive compensation, Mr. Oringer is a frequent speaker and writer on a wide variety of topics. He has been quoted in numerous publications, including The Wall Street Journal, The New York Times, The Financial Times, Crain’s Pensions & Investments, Newsday, USA Today, The Chicago Sun Times and Law360. Mr. Oringer has authored, co-authored or contributed to numerous bar comment letters and reports to regulators, and has testified at the request of Congress and before the Department of Labor.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, May 13, 2020
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Selecting third-party providers
- Negotiating administrative services agreement terms
- Services needed by plan sponsors
- ERISA fiduciary issues
- Common contracting terms
- Allocation of risk/liability and provisions for termination
- Monitoring third-party performance
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
