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pension and employee benefits law diagnostic setQuestion 1 of 20

A small business owner sponsors a 401(k) plan for employees. To fund a sudden business expense, the owner transfers $50,000 from the plan's trust account to the company's operating account, intending to repay it within three months. Under ERISA, which fiduciary duty has the owner most clearly violated?

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Pension and Employee Benefits Law Practice Exam

Practice Pension and Employee Benefits Law exam questions covering core doctrines, issue spotting, applied analysis, and exam-ready explanations.

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Flashcard deck

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Pension and Employee Benefits Law Practice Exam flashcards

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Subject mind map

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163 mapped nodes
Pension and Employee Benefits Law Pract...

Selected branch

ERISA Regulatory Framework and Fiduciary Standards

Coverage areas

Selected node

Definition of employee benefit plan under ERISA

Case brief library

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Alessi v. Raybestos-Manhattan, Inc.

451 U.S. 504

good law
Jurisdiction
United States
Relevance
Whether ERISA preempts state laws prohibiting the reduction of pension benefits by workers' compensation offsets, and whether such offsets are permissible under ERISA.
Exam use

Butler v. Kellogg Co.

917 F.3d 601

good law
Jurisdiction
United States
Relevance
Whether retiree health benefits under an ERISA welfare plan vest under the plan language.
Exam use

Eddy v. Colonial Life Insurance Co.

919 F.3d 114

good law
Jurisdiction
United States
Relevance
Whether a structural conflict of interest (insurer as both evaluator and payor) changes the standard of review for benefit denials.
Exam use

DiGiacomo v. Reliance Standard Life Insurance Co.

591 F. App'x 52

good law
Jurisdiction
United States
Relevance
Whether an ERISA plan administrator's failure to give weight to a treating physician's opinion and failure to explain why it rejected that opinion constitutes an arbitrary and capricious decision.
Exam use

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