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The era of delegating benefits oversight to vendors and assuming fiduciary protection is limited, according to a recent report from Mercer. A perfect storm of Supreme Court decisions, aggressive litigation and emerging technologies is exposing HR executives to unprecedented legal liability, even for decisions made by their outsourced partners.
“ERISA fiduciaries who violate their duties may be subject to investigation and personally liable for any profits obtained or losses incurred through the use of plan assets,” warns Mercer’s latest compliance analysis, which tracks the regulatory and litigation landscape for employer h
ealth plans. Supreme Court lowers the bar for
plaintiffs Legal