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Party in Interest

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Party in interest
An ERISA-specified individual—such as an administrator, officer, fiduciary, trustee, custodian, or counsel—who is prohibited from making certain transactions involving a retirement plan. A trustee, for example, would be prohibited from using an IRA as collateral for a loan.

Party in Interest
Anyone prohibited under ERISA from using a retirement plan for one's own interests. For example, the investment manager of a 401(k) may not use that 401(k) as collateral on a personal loan. See also: Fiduciary Responsibility.


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Supreme Court made it clear that a nonfiduciary party in interest (such as a CPA) can be held liable under ERISA for participating in a prohibited transaction.
This rule is being amended to clarify that the court may grant the request of a party in interest for an extension of time to file such an objection for cause shown, so long as the request is filed within the initial 30-day period.
The court noted that it was authorized to impose financial sanctions on any party or attorney for frivolous conduct and then ruled that although an insurance carrier is not traditionally considered a party, the insurer controlled the defense and essentially was the real party in interest in this case.
 
 
 
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