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Fiduciary governance diagnostic: Identify risk, strengthen ERISA oversight

July 6, 2026

Fiduciary risk is rising, are you prepared?

Plan sponsors today face growing pressure from:

  • ERISA litigation
  • Increased audit scrutiny
  • Complex vendor ecosystems

Yet many organizations still operate with:

  • Unclear fiduciary roles
  • Inconsistent documentation
  • Limited oversight controls
  • Informal governance processes

Without a structured governance framework, even good decisions can be indefensible.

A practical (and free) fiduciary governance diagnostic — not just theory

This diagnostic helps give you a snapshot of your ERISA governance maturity, helping you identify:

  • Where your governance is strong
  • Where it’s inconsistent
  • Where immediate risk exposure may exist

Unlike static guides, this tool maps your answers directly to action steps.

What this diagnostic evaluates

Your governance is assessed across the most critical fiduciary risk areas:

  • Fiduciary roles and authority
  • Governance committee structure
  • Fiduciary training
  • Decision documentation
  • Investment and vendor policies
  • Service provider oversight
  • Fee and cost governance
  • Fiduciary calendar and controls
  • Audit and litigation readiness
  • AI governance strategy

Why strong fiduciary governance matters

In addition to increased class action fiduciary litigation risk, the failure to follow ERISA’s fiduciary duties could result in serious and significant civil and criminal penalties and even personal liability.

Built for you

This diagnostic was designed to reflect:

  • ERISA governance challenges
  • Audit and litigation expectations
  • Practical committee operations
  • Current risk areas (including AI governance)

Not just compliance theory but operational reality.

Disclaimer

The intent of this analysis is to provide the recipient with general information regarding the status of, and/or potential concerns related to, the recipient’s current employee benefits issues. This analysis does not necessarily fully address the recipient’s specific issue, and it should not be construed as, nor is it intended to provide, legal advice. Furthermore, this message does not establish an attorney-client relationship. Questions regarding specific issues should be addressed to the person(s) who provide legal advice to the recipient regarding employee benefits issues (e.g., the recipient’s general counsel or an attorney hired by the recipient who specializes in employee benefits law).

Contacts

Nicole Bitter, National Practice Leader, Compliance, Audit and MHPAEA

Nicole Bitter, JD

National Practice Leader, Compliance, Audit and MHPAEA

Laura T. Kelly, CEBS, Managing Director, Retirement

Laura T. Kelly, CEBS

Managing Director, Retirement

Download the diagnostic