In this episode of Friday Fiduciary Five, Eric Dyson talks about the Cunningham vs. Cornell Supreme Court decision and its implications for ERISA plans and the potential implications for Health Plans based on the Consolidated Appropriations Act (“CAA”). He emphasizes that the decision does not change how fiduciaries should operate but highlights guidance that is already in place. Eric explains prohibited transactions in ERISA plans, the necessity of ERISA 408(b)(2) disclosures, and the importance of reasonable fees. He also extends these requirements to health plans under the Consolidated Appropriations Act, advising plan sponsors to ensure proper fee disclosures and fiduciary processes for both retirement and health plans.

Use the keyword “90north”: https://www.fiduciaryinabox.com/

Connect with Eric Dyson:

Website: https://90northllc.com/

Phone: 940-248-4800

Email: contact@90northllc.com

LinkedIn: https://www.linkedin.com/in/401kguy/

The information contained herein is general in nature and is provided solely for educational and informational purposes.

It is not intended to provide a specific recommendation of any type of product or service discussed in this presentation or to provide any warranties, financial advice, or legal advice.

The specific facts and circumstances of all qualified plans can vary, and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan specific circumstances.

Gina Alsdorf has more than 15 years of experience in employee benefits, working on complex issues involving ERISA, employee benefit plans, and related laws. Her past clients include trustees, plan committees, plan sponsors, consultants, registered investment advisors, broker-dealers, banks, insurance companies, third-party administrators, and recordkeepers for retirement plans and individual retirement accounts. Gina received her JD, cum laude from University of Georgia Law School and was awarded an LLM in Employee Benefits with honors, from the University of Illinois, Chicago Law School.

In this episode, Eric and Gina Alsdorf discuss:

• Evaluating PBM contracts with expert oversight
• Prioritizing transparency in pricing models
• Align PBM incentives with participant outcomes, if possible
• Invest in education and oversight for long-term success

Key Takeaways:

• Engage legal and consulting professionals to analyze contract terms, ensuring alignment with fiduciary responsibilities and plan objectives.
• Understand the financial structure of PBM arrangements, favoring models that clearly show how costs and profits are distributed.
• Select partners and structures that place plan participant benefit above corporate profit, especially in vertically integrated PBM organizations.
• Encourage continuous learning and mentorship among benefit managers to adapt to a complex and evolving pharmacy benefits landscape.

“ERISA does not give you the duty to go for the cheapest price. You're supposed to get the best service for the money for your people.” - Gina Alsdorf

Connect with Gina Alsdorf:

Website: https://www.carltonfields.com/team/a/gina-alsdorf

LinkedIn: https://www.linkedin.com/in/gina-alsdorf/

Connect with Eric Dyson:

Website: https://90northllc.com/

Phone: 940-248-4800

Email: contact@90northllc.com

LinkedIn: https://www.linkedin.com/in/401kguy/

The information and content of this podcast is general in nature and is provided solely for educational and informational purposes. It is believed to be accurate and reliable as of the posting date, but may be subject to change.

It is not intended to provide a specific recommendation for any type of product or service discussed in this presentation or to provide any warranties, investment advice, financial advice, tax, plan design, or legal advice (unless otherwise specifically indicated). Please consult your own independent advisor as to any investment, tax, or legal statements made.

The specific facts and circumstances of all qualified plans can vary, and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan-specific circumstances.

In this episode of Friday Fiduciary Five, Eric Dyson presents a follow-up to the previous Friday Fiduciary Five regarding the Supreme Court’s Decision on Cunningham v Cornell. Eric talks about the concept of affirmative defense. He explains that affirmative defense allows for exceptions to prohibited transactions if certain conditions are met, particularly the proper disclosure of fees through 408(B)2. Eric suggests that advisors and committee members ensure they have these disclosures and understand them, as they are not typically issued annually. He also suggests that plan sponsors request these disclosures annually from all service providers.

Use the keyword “90north”: https://www.fiduciaryinabox.com/

Connect with Eric Dyson:

Website: https://90northllc.com/

Phone: 940-248-4800

Email: contact@90northllc.com

LinkedIn: https://www.linkedin.com/in/401kguy/

The information contained herein is general in nature and is provided solely for educational and informational purposes.

It is not intended to provide a specific recommendation of any type of product or service discussed in this presentation or to provide any warranties, financial advice or legal advice.

The specific facts and circumstance of all qualified plans can vary and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan specific circumstances.