ERISAfire offers the best, most accurate compliance service in the industry. We mean what we say, and we put our money where our mouth is. ERISAfire's Wrap+ Plan Document Drafting Tool carries a million-dollar warranty backed 100% by a combination of cash in the bank and a lawyers professional liability insurance policy, ensuring that the protection we provide is very real.
Wrap+ Legal Opinion and Warranty Terms
Plan Language Is Guaranteed
The content of the plan documents generated through Wrap+ has been reviewed and approved by the niche employee benefits law firm of LeFevre Law PC (the "Firm"). Content is continuously monitored by the Firm for legislative, regulatory and judicial developments. Applying its knowledge of the Employee Retirement Income Security Act, as amended, and its implementing regulations, as amended (collectively, "ERISA") and the Internal Revenue Code (the "Code") and its experience with ERISA compliance matters, the Firm provides ERISAfire updates to Wrap+ plan document content, which ERISAfire then incorporates into the software. "Content," as used herein, does not include user inputs; rather, user inputs are addressed below.
Conditional Content Rules Are Guaranteed
The content of a particular plan document generated through Wrap+ for a particular employer-client is dynamic; entire sections of the document are customized based on selections made during the Wrap+ on-screen interview. This is referred to as "conditional content." The software logic for conditional content has been reviewed and approved by the Firm. Conditional content logic is continuously monitored by the Firm for legislative, regulatory and judicial developments. Applying both its knowledge of ERISA and the Internal Revenue Code and its experience with ERISA compliance matters, the Firm provides ERISAfire updates to Wrap+ plan document conditional content logic, which ERISAfire then incorporates into the software. Again, "content," as used herein, does not include user inputs; rather, user inputs are addressed below.
Appropriateness of User Inputs Can Be Guaranteed
When the Wrap+ tool presents several options for users to choose among, users are given the opportunity to customize the plan document according to the user's specifications, but among the options presented, there be at least one option that is in compliance with ERISA and the Code. When the Wrap+ tool presents an opportunity to fill in a blank, the default or placeholder suggestion will be in compliance with ERISA and the Code. These user input options, default responses and placeholder suggestions have been reviewed and approved by the Firm. User input options, default responses and placeholder suggestions are continuously monitored by the Firm for legislative, regulatory and judicial developments. Applying both its knowledge of ERISA and the Internal Revenue Code and its experience with ERISA compliance matters, the Firm provides ERISAfire updates to Wrap+ user input options, default responses and placeholder suggestions, which ERISAfire then incorporates into the software.
Certain plan document design options are specifically called out as needing attorney attention. No Wrap+ warranty is given for plan documents generated while attorney attention is indicated. If one of ERISAfire's affiliated ERISA attorneys is engaged for a plan document project and the project is brought to completion, all plan document content, user inputs and additional documentation will all be audited by an ERISA attorney, and a different (i.e., better) warranty will apply.
Updates to Wrap+ Plan Document Language
ERISAfire incorporates content and conditional content logic updates provided by the Firm on a periodic basis—annually at a minimum, but often much more frequently. Updates are applied to the Wrap+ software tool itself, and any plan document generated from it will include all updates incorporated into the tool as of the date of a submission that is made in "Final" status. To receive the benefit of updates made after the date of submission, a new submission must be made in "Final" status.
Form of Warranty
The warranty covering the ERISAfire Wrap+ plan document drafting tool is issued by LeFevre Law PC (the "Firm"), which is backed by a policy of professional liability insurance having limits of at least $1,000,000 per claim and $1,000,000 in the aggregate. The Firm shall at all times maintain sufficient cash or cash-equivalents to satisfy the deductible for such policy. A copy of the declarations page from such policy can be provided upon request.
Audit Defense Guarantee Terms
In the event the client is subject to any governmental audit or inquiry regarding the content or conditional content logic of a plan document generated through the Wrap+ tool—including an audit or investigation by the U.S. Department of Labor, the U.S. Department of Health and Human Services, and/or the Internal Revenue Service—the Firm covenants and guarantees that it will provide legal counsel to represent the client in such audit or investigation to the extent such audit or investigation relates to the compliance or sufficiency of ERISAfire's or the Firm's work product, at no additional cost to the client; provided that the work product was timely and properly executed upon (e.g., signed, filed, recommendations implemented, etc.). Requests for audit defense pursuant to this guarantee must be made within two years of the date the subject plan document was generated by the Wrap+ delivery system, as evidenced on the email server logs of ERISAfire.
The Firm’s opinions and covenants herein shall be considered “issued,” only upon proper and timely execution of the plan document output by the employer-client. Any statement of warranty, guarantee or opinion or statement of compliance (collectively, "opinions") shall be interpreted in accordance with the legal opinion principles issued by the Committee on Legal Opinions of the American Bar Association’s Section of Business Law as published in 57 Bus. Law. 75 (2002).
The opinions are limited in all respects to the federal law of the United States as it exists on the date given. The Firm expresses no opinion with respect to the law of any other jurisdiction, and it assumes no obligation to update its opinions or to advise of any changes in facts or laws subsequent to the date of issuance. Similarly, the audit defense guarantee covenant applies solely to the compliance and sufficiency of the work product as of the date provided, and the Firm has no obligation to tender defense to the extent of any intervening change in the law or facts.
As to certain matters of fact, the Firm will have relied on factual representations made by the client and its insurance consultant (including user inputs), and the Firm will not have independently established the facts.
Opinions are delivered in connection with a specific project for a specific employer-client, may be relied upon only by that employer-client in connection with such project and may not be relied upon by the client for any other purpose. Opinions may not be relied on by, or furnished to, any other person or entity without the Firm’s prior written consent; and, without limiting the foregoing, may not be quoted, published, or otherwise disseminated, without in each instance the Firm’s prior written consent.
Except to the extent necessary to perform the audit defense guarantee covenants herein, the employer-client's limited-purpose engagement of the Firm shall terminate upon delivery of the work product (or earlier if the project is abandoned, as stated in ERISAfire's end user license agreement and the Firm's limited-purpose attorney engagement terms). The Firm will retain client legal files for a period of seven (7) years after the date of issuance. At the expiration of the 7-year period, the Firm will destroy these files unless the client notifies the Firm in writing that it wishes to take possession of them. The Firm will not notify clients upon the expiration of the 7-year period. The Firm reserves the right to charge administrative fees and costs associated with researching, retrieving, copying and delivering such files.