Will the Correct Legal Standard Please Step Forward: When Should an Employer's Affirmative Duty under ERISA to Disclose Potential Plan Changes Kick-In?

Authors

Sandra L. Sprott

Publication Date

10-1-2004

Document Type

Comment

Abstract

In sum, this Comment examines whether ERISA imposes an affirmative obligation on employer-fiduciaries to disclose proposed changes in their employee benefits plans and when that duty to disclose arises. Part II provides a historical perspective of ERISA and the duty to disclose. Part III examines when an employer is considered a fiduciary under ERISA. Part IV explains ERISA's reporting and disclosure requirements and its impact on the duty to disclose proposed changes. Part V takes into consideration the duty of loyalty. Part VI analyzes the two conflicting standards. Ultimately, after a detailed analysis, Part VII of this Comment concludes that the minority's fact-specific approach is the better standard in evaluating breach of employer fiduciary duties under ERISA.

DOI

10.37419/TWLR.V11.I1.9

First Page

189

Last Page

223

Recommended Citation

Sandra L. Sprott, Will the Correct Legal Standard Please Step Forward: When Should an Employer's Affirmative Duty under ERISA to Disclose Potential Plan Changes Kick-In?, 11 Tex. Wesleyan L. Rev. 189 (2004).
Available at: https://doi.org/10.37419/TWLR.V11.I1.9