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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    ERISA

Date & Time
  • event Date

    Tuesday, December 2, 2025

  • 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.


  • Live Online


    On Demand

Early Bird Pricing!
MSRP
$297.00
$252.45
Save $44.55

Discount expires 9/30/25

This course is $0 with these passes:

CLE
ALL

This CLE course will guide ERISA counsel and plan sponsors on applying ERISA fiduciary rules to health and welfare plans. The panel will discuss the complex compliance requirements, determining who are considered fiduciaries for health and welfare plan decisions and transactions, litigation risks, and potential liability from plan operations issues, prohibited transactions, and conflicts of interest.

Faculty

Caleb J. Brus
Member
BrownWinick

Mr. Brus is a Member at BrownWinick. Prior to joining BrownWinick, he worked for a fortune 500 global financial services company where he was the Chief Compliance Officer for the bank and trust company. Mr. Brus oversaw a multitude of regulatory bodies including ERISA, DOL, IRS, SEC, FINRA, OCC, and FDIC. He served in several executive management committee roles, working directly with senior management. 

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Jennifer S. Kiesewetter
Of Counsel
Fisher & Phillips LLP

Ms. Kiesewetter has more than 24 years of experience advising businesses in ERISA, employee benefits, compensation, fiduciary responsibility, and compliance matters. As a member of the firm’s Employee Benefits and Tax Practice in Nashville, she advises clients on all aspects of employee benefits and executive compensation, including qualified and nonqualified retirement plans, health and welfare benefit plans, cafeteria plans, severance plans, and equity-based compensation plans. Ms. Kiesewetter has advised companies, governmental entities, plan sponsors, plan administrators, human resources professionals, and fiduciaries regarding employee benefit plan compliance (both ERISA and non-ERISA). She also has served as a retirement plan compliance consultant at a national brokerage where she supported both external clients and internal retirement plan advisors and consultants, helping to complement organizations’ benefits, compensation, and overall people programs. Ms. Kiesewetter has also worked with businesses and investors during mergers and acquisitions, focusing on due diligence and compliance related to employee benefit plans, including retirement, health and welfare, and executive compensation plans. Additionally, she has worked on many post-acquisition employee benefit matters, specifically related to plan compliance and correction. Ms. Kiesewetter is a frequent speaker and author on topics including ERISA, employee benefits, retirement plans, health plans, and statutory and regulatory compliance.

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Description

Most cases involving the application of ERISA fiduciary rules and liability focus on plan sponsors of retirement plans. Recent cases include issues about fiduciary duties and breaches by sponsors, administrators, and trustees of health and welfare plans.

The Department of Labor (DOL) states that plan sponsors, administrators, and trustees are subject to ERISA's fiduciary rules when selecting a healthcare plan service provider. As fiduciaries of the health or welfare plan, employers must ensure that service providers meet required standards and that fees and expenses are reasonable when weighed against the benefits of the plan services.

Determining who fiduciaries are for health and welfare plan decisions and transactions under ERISA can be complicated and involve various factors. Fiduciaries and their counsel must grasp applicable rules regarding plan decisions and avoid prohibited transactions and conflicts of interest. Failure to adhere to these rules can lead to hefty penalties and fines.

Listen as our panel discusses fiduciary rules and potential liability for plan sponsors, administrators, and trustees of health and welfare plans, fiduciaries and litigation risks, and methods to avoid liability due to plan operations and transactions.

Outline

I. ERISA fiduciary standards for health and welfare plans

A. Determining who is a fiduciary under health and welfare plans

B. Selecting healthcare plan service providers

C. Determining and reviewing health plan fees and expenses

II. Potential fiduciary issues in third-party administrator contracts

III. Prohibited transactions and conflicts of interest

IV. Recent cases and best practices for ERISA counsel and plan sponsors

Benefits

The panel will review these and other key issues:

  • Analyzing fiduciary rules as applied to health and welfare plans
  • Avoiding fiduciary liability in the selection and contracting of health service providers
  • Identifying risks of health and welfare plan decisions and transactions by fiduciaries
  • Liability stemming from health plan operation issues
  • Understanding the prohibited transactions and conflicts of interest rules as applied to health and welfare plans