Example violations applicable to both pension and welfare plans include:

  • Failing to operate the plan prudently and for the exclusive benefit of participants;
  • Using plan assets to benefit certain related parties to the plan, including the plan administrator, the plan sponsor, and parties related to these individuals;
  • Failing to properly value plan assets at their current fair market value, or to hold plan assets in trust;
  • Failing to follow the terms of the plan (unless inconsistent with ERISA);
  • Failing to properly select and monitor service providers;
  • Taking any adverse action against an individual for exercising his or her rights under the plan (e.g., being fired, fined, or otherwise being discriminated against);
  • Failure to comply with ERISA Part 7 and the Affordable Care Act (welfare plans only).