Collective Investment Trusts and 401(k) Plan Investments: Guidance for Fiduciaries and Employee Benefits Counsel

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
ERISA
- event Date
Tuesday, July 15, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide guidance to fiduciaries and employer benefits counsel on key issues and legal considerations for the use of collective investment trusts (CITs) in 401(k) plans and other qualified retirement plan investments. The panel will discuss applicable federal regulations and requirements, reviewing CIT terms, investment manager appointments, vetting fiduciary risks, monitoring procedures, reporting requirements, and other key issues to consider.
Faculty

Ms. Gorman is a partner in the Palo Alto office of Mayer Brown who focuses on executive compensation and employee benefits matters. Her work includes advising on tax and benefit issues in both domestic and international contexts, counseling on ERISA fiduciary issues, controversy work involving IRS and DOL audits, and all nature of transactional work, including de-risking transactions and M&A. Ms. Gorman's work frequently requires interdisciplinary efforts with corporate, securities and tax specialists.

Mr. Sichel is a partner in the firm’s New York office, where he is a member of the Investment Management practice group and oversees the firm’s ERISA Fiduciary practice. He helps financial institutions navigate the complexities of ERISA when manufacturing products for, and providing services to, retirement plans and ERISA “plan asset” funds.

Mr. O’Neil advises clients on a wide range of benefits and compensation matters. He focuses his practice on employee benefits and executive compensation issues arising in corporate transactions. Mr. O'Neil has experience with employee benefit and executive compensation due diligence, negotiation of the related provisions in transaction agreements and assists clients with issues relating to Sections 280G and 409A of the Code. He is also experienced in a wide range of tax and benefits issues, including day-to-day retirement plan compliance, ERISA fiduciary matters, prohibited transactions and employee stock ownership plans (ESOPs). Mr. O'Neil 's writing has been featured in Benefits Quarterly.
Description
CITs are a popular investment vehicle for 401(k)s and other retirement plans. The legal and regulatory framework for CITs provides significant opportunities as well as challenges. ERISA counsel and fiduciaries must identify key issues regarding utilizing CITs in plan asset investments, disclosure and reporting requirements, key provisions of CIT documents, and other critical considerations.
CITs are cost-efficient investment options for retirement plans that are tax-exempt, pooled investment vehicles available only to defined contribution and other ERISA-qualified plans. However, ERISA counsel and fiduciaries must have complete knowledge of the legal nuances, limitations, recent litigation, and pitfalls to avoid when considering CITs for retirement plan investments.
Listen as our panel of ERISA and financial services attorneys provides an update on current regulations and developments relating to CITs. The panel will also discuss the impact of recent litigation on CITs and outline compliance and risk mitigation strategies.
Outline
- Overview of CITs
- DOL and SEC regulatory framework for CIT funds
- ERISA fiduciary rules and liability
- Compliance and risk mitigation strategies
- Best practices for ERISA counsel and fiduciaries
Benefits
The panel will review these and other key questions:
- How do CITs compare with registered mutual funds?
- What are the regulatory considerations in establishing and operating CITs?
- What are the fiduciary and compliance risks?
- What risk mitigation strategies are available to plan sponsors and fiduciaries?
- What are recent trends in ERISA litigation relating to CITs?
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