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QPAM Articles

Avoiding Fiduciary Liability In Real Estate Investments Made By Pension PlansóThe Practical Lawyer, December 2013

Discretionary vs. Non-Discretionary Real Estate Investment Accounts: A Primer for Trustees

International Foundation of Employee Benefit Plans, September 1999
Trustees of Taft-Hartley trust funds who develop a separate account real estate investment program oftentimes wish to retain control over the investment decisions. While control may be desirable from an operational standpoint, as many trustees have the knowledge and ability to positively impact the real estate investment process, it is important that trustees understand the distinction between creating a discretionary account, a non-discretionary account, or a quasi-discretionary account. Further, the trustees need to understand the legal and financial implications to the trust and the trustees when they become involved in the investment process, and the possible impact on the performance of the investment portfolio. More>>

Operating Pension Funds in Compliance with ERISA Procedures, How to Avoid A Department of Labor Audit: A Primer for Lawyers

Real Estate Review, Spring 1999
Business and trust advisors and lawyers who represent pension plans or other tax-exempt entities like foundations and endowments that make real property investments often are not mindful of the significant procedural issues and concerns that surround the investments of these entities. Unfortunately, the failure to comply with the procedural requirements of the Employee Retirement Income Security Act of 1974, as amended (ERISA) may make the trustees of pension plans and the directors of endowments and foundations (and, consequently, their lawyers and advisors) culpable for the failure to take those important yet simple procedural steps. More>>

Complying with ERISA: A Primer for Pension Plan Trustees

Real Estate Review, Spring 1997
Many pension plan trustees have read with some trepidation that the US Department of Labor (DOL) has started to evaluate pension plan investments in real estate more vigorously in order to monitor the compliance of plans with the Employee Retirement Income Security Act of 1974, as amended (ERISA). More>>

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