Lesson

Prohibited transactions, under the Employee Retirement Income Security Act (ERISA), are certain types of transactions that are not allowed between a retirement plan and a disqualified person.

Practice Question #1

Which of the following is considered a disqualified person under ERISA?

Options

Select an option above to see an explanation here.

Terms

Prohibited transaction:
A transaction between a retirement plan and a disqualified person not allowed under ERISA.
Disqualified person:
An individual or entity prohibited from engaging in certain transactions with a retirement plan, such as a fiduciary, service provider, or family member of a fiduciary.
Exemptions:
Certain transactions that would otherwise be prohibited are allowed under specific conditions outlined by ERISA or the Department of Labor.
Self-dealing:
A prohibited transaction where a fiduciary uses plan assets for their benefit.
Conflict of interest:
A situation where a fiduciary's interests may conflict with their duty to act in the best interest of the retirement plan and its participants.
Party-in-interest:
A person or entity with a relationship with a retirement plan that may give rise to a conflict of interest or prohibited transaction.

Practice Question #2

Which of the following is an example of a prohibited transaction under ERISA?

Options

Select an option above to see an explanation here.

Historical Example

In the late 1980s, a large company's retirement plan engaged in prohibited transactions involving purchasing real estate from a disqualified person. The transactions were discovered during a routine audit, and the company had to pay significant penalties and take corrective action to restore the plan's assets.

Practice Question #3

What is the primary purpose of ERISA's prohibited transaction rules?

Options

Select an option above to see an explanation here.

Real-World Example

A financial advisor who is also a fiduciary for a client's retirement plan recommends that the plan invest in a real estate project that the advisor personally owns. This would be considered a prohibited transaction under ERISA, as the advisor is using plan assets for their benefit.

Practice Question #4

Become a Pro Member to see more questions

More Detail

- *Prohibited Transactions*: Transactions that are not allowed under the Employee Retirement Income Security Act (ERISA) of 1974, which are designed to protect retirement plan participants and beneficiaries from conflicts of interest, self-dealing, and other unethical practices.

Practice Question #5

Become a Pro Member to see more questions

More Detail Examples

- *Prohibited Transaction Example*: A plan fiduciary using plan assets to purchase property for their personal use violates ERISA.

Practice Question #6

Become a Pro Member to see more questions

Pitfalls to Remember

- *Pitfall*:
Failing to recognize a prohibited transaction can result in significant penalties and fines for the plan fiduciary and the plan itself.

Practice Question #7

Become a Pro Member to see more questions

Practice Question #8

Become a Pro Member to see more questions

Practice Question #9

Become a Pro Member to see more questions

Mark this subject as reviewed