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How well do you know the ERISA violations?: Answers

  1. Yes.  It is a violation of ERISA to fail to properly value plan assets at their current fair market value, or to hold plan assets in trust.
  2. Yes. It is a violation of ERISA to fail to make benefit payments due under the terms of the plan and to take adverse action against individuals for trying to exercise their rights under the plan. Since it was the Plan’s fault the claimant elected early retirement, it should have adjusted the options to leave the participant no worse off than he was before the error.