03 Feb 2021

Get the Benefit of the Bargain: Learn to Accommodate Benefit Plan Investors

Will—and how will—your fund clients accommodate benefit plan investors? What portion of a private fund’s investor base will be comprised of pension plan assets? Navigating these questions is critical for any fund manager and their legal counsel, and our Private Equity Fund ERISA Resource Kit provides guidance on the issues that arise when ERISA pension plan assets are invested in pooled investment funds.

Department of Labor “look-through” rules mean that a pooled investment fund such as a private equity fund that is not normally subject to ERISA or the prohibited transaction rules can become subject to these rules, and fund managers can be deemed to be ERISA fiduciaries. Our Practical Guidance resource kit includes materials for ERISA fiduciaries and for private equity fund managers concerning ERISA compliance and exemptions, including detailed practice notes, forms, and checklists.

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Related Content

  • ERISA Compliance Handbook for Asset Managers
    Read ERISA Compliance Handbook for Asset Managers, targeting funds and managers preparing for and responding to issues relating to compliance with ERISA, written by Ropes & Gray.
  • Management Rights Letter
    Review this letter used when making a private equity fund’s first portfolio investment to help ensure that the fund qualifies as a Venture Capital Operating Company, or VCOC.
  • ERISA Clauses for Private Equity Fund (Limited Partnership Agreement)
    Consult these sample ERISA clauses for a private equity fund that address issues arising due to the regulation of retirement plan investments under ERISA, the Internal Revenue Code, and other laws.


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