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2023 ERISA Facts

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Discover simple explanations for over 800 common questions on one of the most complicated, but important, federal laws regarding employee benefits: the Employee Retirement Income Security Act (ERISA).

Employee Retirement Income Security Act (ERISA) is known as one of the most complicated federal laws, but it is one of the most important laws regarding employee benefits. 2023 ERISA Facts provides simple explanations for over 800 of the most common ERISA-related questions.

Anyone involved in the administration of ERISA-based retirement plans should have this book; it's the perfect resource for a wide range of employee benefits professionals, including ERISA attorneys, TPAs, CPAs, Employee benefits consultants or specialists, Corporate counsel, and IFEBP members.

Organized in a convenient question & answer format to help you find the information you need, ERISA Facts features:

  • Over 800 easy-to-read Q&As that comprehensively cover all aspects of ERISA requirements and practices
  • Practical advice for any professional who is required to comply with ERISA rules, including in-house HR professionals and third-party advisers
  • Detailed explanation of who is an ERISA fiduciary and what requirements fiduciaries must meet
  • Breakdown of potential sources of fiduciary liability
  • Class and Statutory exemptions explained
  • Investment guidelines for ERISA-compliant plans

New in the 2023 Edition:

  • Explanation of the July 27, 2022 DOL issued proposed amendments to the class exemption that modifies and expands the ineligibility provisions that would disqualify asset managers from using the exemption.
  • A new question on the Financial Accounting Standards applicable to employee benefit plans under the section 103(a)(3)(C) audits, including explanation of the removal of the limited scope audit and the updated requirements for plan management and plan auditors
  • Discussion of the HHS's guidance addressing HIPAA privacy protections around reproductive health in response to Dobbs v. Jackson Women's Health Organization, including new protections for personal health information related to abortion and sexual reproduction health
  • A new question on the DOL, IRS and HHS Covid-19-related FAQs addressing group health plan requirements for coronavirus preventive services and vaccine incentives
  • A new section on independent dispute resolution for provider payment disputes, including a discussion of new circumstances and information that the IDR entities must weigh in determining appropriate payments in settlement of disputes
  • Discussion of the disclosure requirements for persons who provide brokerage or consulting services under ERISA-covered group health plans
  • Updates to Schedules MB, SB and R, including amendments to Schedule R requiring plans to report identifying information about an employer who contributed more than 5% of the plan's total contributions or was one of the top ten highest contributors
  • A new section on the factors a fiduciary may consider in evaluation of an investment, such as climate change factors and workforce practices
  • A new section on proxy voting and exercise of shareholder rights, including discussion of plan fiduciary duties
  • A new section on whether individual prohibited transaction exemption applications for pooled funds have specific requirements that differ from other individual exemption applications
  • Discussion of cryptocurrency as plan investments, including the latest DOL advice.

Topics Covered:

  • Fiduciary responsibilities under ERISA
  • ERISA-regulated plan administration issues
  • Health insurance issues (HIPAA, COBRA, etc.)
  • Responsibilities related to plan investments and fiduciary liability
  • Compliance and disclosure rules
  • Expanded coverage of Prohibited Transactions and Exemptions
  • Detailed explanations of voluntary compliance programs
  • Real-world advice on enforcement trends
Additional Information
SKU 1170023B
Publication Date November 4, 2022
ISBN 978-1-954096-80-6
Page Count 1250
Author Frank J. Bitzer, Esq., FACEBC and Nicholas W. Ferrigno, Jr., J.D., CLU®
Edition 2023
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Frank J. Bitzer

Frank J. Bitzer, Esq., FACEBC, is a practicing attorney in Cincinnati, Ohio. Mr. Bitzer is

a graduate of the University of Cincinnati College of Education and received his Juris Doctorate

from the University of San Diego School of Law in 1988. Mr. Bitzer has particular experience

in both civil and criminal fiduciary matters pursuant to ERISA, having previously served as a

Journeyman level Investigator with the United States Department of Labor – Employee Benefits

Security Administration. Mr. Bitzer is the Past Chair of the Cincinnati Bar Association Employee

Benefits Committee. He has been named a Cincy Leading Lawyer by Cincy Magazine in 2008,

2010, 2011, 2012, and 2013. He has also been recognized as a Super Lawyer for the State of

Ohio by Cincinnati magazine and Law & Politics magazine in 2009, 2010, 2011, 2012, and 2013.

In addition, he is a Fellow in the American College of Employee Benefits Counsel.


Mr. Bitzer is a featured speaker of The National Underwriter Company Speakers Bureau

and has made presentations on ERISA fiduciary matters to organizations across the United

States. He is a contributor of articles to the Journal of Pension and Benefits, Spencer’s Research

Reports, The Pension Actuary, Pension Plan Administrator and other publications. Mr. Bitzer also

provides expert witness testimony in litigation matters focusing on ERISA. He is a member of

the American Society of Pension Professionals & Actuaries and a former member of Government

Affairs Committee, Sub-Committee on Department of Labor Enforcement. He is a member

of the Internal Revenue Service Great Lakes Region Tax Exempt and Government Entities

Joint Council, the International Foundation of Employee Benefit Plans, and the Cincinnati Bar

Association-Employee Benefits Committee.


In addition to this text, Mr. Bitzer is a co-author of Benefits Facts, The Insider’s Guide to DOL

Plan Audits, Quick Reference to ERISA Compliance – The Coverage and Nondiscrimination Answer Book,

and The Pension Answer Book – Forms and Worksheets, published by Wolters Kluwer.


The original edition of this book and the first ten annual updates were co-authored by

Nicholas W. Ferrigno, Jr., Esq.

Nicholas W. Ferrigno, Jr., Esq.

Nicholas W. Ferrigno, Jr., Esq., was a Member and Chairman of the ERISA Controversy Team of the law firm of Greenebaum Doll & McDonald PLLC with offices in Covington, Frankfort, Lexington, and Louisville, Kentucky; and Cincinnati, Ohio. Mr. Ferrigno received his B.S. (Finance) from the University of Rhode Island and Juris Doctorate (cum laude) from the Salmon P. Chase College of Law, Northern Kentucky University. Mr. Ferrigno had particular experience in ERISA fiduciary and compliance matters, having previously served with the U.S. Department of Labor - Employee Benefits Security Administration.