
Marilyn Monaghan
Employee benefits and insurance attorney; owner of Monahan Law Office in San Marcos, California, specializing in ERISA, ACA, HIPAA, and health and welfare plan compliance.
1
APPEARANCES
1
PODCASTS
012
DEC 30
JAN 6
JAN 13
JAN 20
JAN 27
FEB 3
FEB 10
FEB 17
FEB 24
MAR 3
MAR 10
MAR 17
MAR 24
MAR 31
APR 7
APR 14
APR 21
APR 28
MAY 5
MAY 12
MAY 19
MAY 26
JUN 2
JUN 9
JUN 16
JUN 23
JUN 30
JUL 7
JUL 14
JUL 21
JUL 28
AUG 4
AUG 11
AUG 18
AUG 25
SEP 1
SEP 8
SEP 15
SEP 22
SEP 29
OCT 6
OCT 13
OCT 20
OCT 27
NOV 3
NOV 10
NOV 17
NOV 24
DEC 1
DEC 8
DEC 15
DEC 22
DEC 29
JAN 5
JAN 12
JAN 19
JAN 26
FEB 2
FEB 9
FEB 16
FEB 23
MAR 2
MAR 9
MAR 16
MAR 23
MAR 30
APR 6
APR 13
APR 20
APR 27
MAY 4
MAY 11
MAY 18
MAY 25
JUN 1
JUN 8
JUN 15
JUN 22
JUN 29
JUL 6
JUL 13
JUL 20
JUL 27
AUG 3
AUG 10
AUG 17
AUG 24
AUG 31
SEP 7
SEP 14
SEP 21
SEP 28
OCT 5
OCT 12
Sep 22, 2026
S8E1 - ERISA Fiduciary Responsibilities and Liabilities
10:16
10:28
10:38
10:46
10:51
10:56
D
10:11Dorothy KoshueHOST
Can you comment briefly on what each of these mean to a fiduciary? As you said,

Marilyn MonaghanGUEST
there are four main fiduciary duties under ERISA, and the first one is the duty of undivided loyalty to plan participants and beneficiaries, also referred to as the exclusive benefit rule.

Marilyn MonaghanGUEST
So basically, it requires fiduciaries to act for the sole purpose of providing benefits to plan participants and their beneficiaries.

Marilyn MonaghanGUEST
So you're not acting in the interests of the employer, you're acting in the interests of the participants and the beneficiaries.

Marilyn MonaghanGUEST
So this comes up, for example, in the context of, medical loss ratio rebates.

Marilyn MonaghanGUEST
Those checks, if you're entitled to one, will be coming out in the next month or so.

Marilyn MonaghanGUEST
And when you get those, if a portion of the medical loss ratio rebate from the carrier is attributable to employee contributions, that's considered a plan asset and you have to share that distribution with the participants to reflect the fact that they contributed toward the cost of coverage.