Page Perry

Trustees and other fiduciaries of plans established under The Employment Retirement Income Security Act of 1974 (ERISA) must protect plan assets “with the care, skill, prudence, and diligence ‘ that a prudent man acting in a like capacity and familiar with such matters would use’.” In other words, ERISA fiduciaries must not merely act like prudent person, but instead like prudent experts. This applies to smaller ERISA plans as well as larger ones. If ERISA trustees do not possess the requisite expertise, it behooves them to retain experts to advise them.