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Fiduciary liability is PERSONAL liability! ERISA Section 409(a) specifies the nature of a fiduciary's liability as follows: *Section 411 prohibits individuals convicted of various offenses from serving as a fiduciary. |
A fiduciary is ultimately responsible for his/her errors or omissions to the extent of having to use personal assets to restore losses and damages. In some circumstances the plan sponsor may provide some indemnification and some errors and omissions can be insured against, but generally speaking these arrangements require ultimate recourse against the individual fiduciary in order to be valid. |
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