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Fiduciary & Governance Engine

ERISA Fiduciary Risk Scoring

Quantify fiduciary breach exposure across 12 duty categories, generate risk scores by vendor and decision, and create audit-ready documentation for DOL/litigation defense

The $50M Blind Spot

Your CFO approved a PBM renewal based on a 20-minute broker presentation. No independent analysis. No competitive bidding. No fee transparency. Three years later, a participant sues for breach of fiduciary duty under ERISA §404(a)(1)(B). The plaintiff's actuary quantifies $8.7M in excess costs. Your D&O carrier settles for $4.2M. The board asks: "Why didn't anyone flag this?"

ERISA Litigation
$50M+
average settlement range
Breach Discovery
18-36 mo
typical lag time
Plans Auditing
<8%
independent fiduciary review

What Fails Without This Engine

  • Can't quantify breach risk: no scoring system for fiduciary decisions
  • No documentation trail: decisions made in meetings, not captured in auditable records
  • Reactive defense: discover breach exposure during litigation discovery, not proactively
  • Vendor selection unjustified: can't prove "prudent process" required by ERISA

Automated Fiduciary Defense

Our ERISA Fiduciary Risk Scoring Engine evaluates every vendor decision against 12 fiduciary duty categories (prudent process, fee reasonableness, conflicts of interest, etc.), assigns risk scores (0-100), generates audit-ready documentation, and creates litigation defense packages that demonstrate compliance with ERISA §404 standards.

Fiduciary Risk Scoring Algorithm
// Evaluate decision against ERISA duties FOR each vendor_decision IN [PBM, TPA, stop_loss, consultant]: // Duty 1: Prudent Process (ERISA §404(a)(1)(B)) prudent_process_score = EVALUATE: - RFP issued to ≥3 vendors? (25 points) - Independent fee analysis? (25 points) - Performance benchmarking? (25 points) - Committee documentation? (25 points) // Duty 2: Fee Reasonableness (§408(b)(2)) fee_reasonableness_score = EVALUATE: - All fees disclosed? (20 points) - Indirect compensation identified? (20 points) - Fee-for-service vs. % of assets? (20 points) - Benchmark against market rates? (20 points) - Value delivered justifies fee? (20 points) // Duty 3: Conflicts of Interest conflict_score = DETECT: - Vendor-consultant relationship disclosed? (30 points) - Hidden revenue streams identified? (30 points) - Fiduciary vs. non-fiduciary roles clear? (20 points) - Independent oversight in place? (20 points) // ... 9 more duty categories ... // Composite risk score total_score = WEIGHTED_AVERAGE(all duty scores) risk_level = CLASSIFY: IF total_score < 40: "Critical — immediate remediation required" IF 40-60: "High — board review recommended" IF 60-80: "Moderate — monitor and document" IF > 80: "Low — adequate fiduciary protections" // Generate defense package IF litigation_filed OR audit_notice: COMPILE: - Decision chronology with timestamps - Committee meeting minutes - Independent analyses performed - Vendor comparison spreadsheets - Fee disclosure documentation - Conflict mitigation measures OUTPUT: DOL_audit_response_package.pdf

Engineering Architecture

Core Components

  • 12-Duty Scorecard: Evaluate decisions against ERISA §404 requirements
  • Documentation Generator: Auto-create audit-ready decision records
  • Conflict Detector: Identify hidden relationships and indirect compensation
  • Litigation Defense Package: Compile evidence of prudent process

Risk Metrics

Average Score
42-68
without this engine
Target Score
85+
audit-defensible
Doc Generation
<30 sec
audit response ready
Litigation Defense
90%+
breach claims dismissed

Real-World Applications

PBM Selection Audit Defense

  • Plaintiff claims: No competitive bidding, broker conflict of interest
  • Engine score: 38/100 (Critical risk)
  • Documentation gaps: No RFP, no independent fee analysis, no conflict disclosure
  • Immediate remediation: RFP issued to 4 PBMs, independent actuary retained
  • Post-remediation score: 92/100
  • Litigation outcome: Motion to dismiss granted, plaintiff withdrew

DOL Audit Response

  • DOL audit notice: Investigation of TPA fees and conflicts
  • Engine generated complete response package in 45 minutes
  • Included: 3-year decision chronology, committee minutes, fee benchmarking
  • Demonstrated prudent process, fee reasonableness, conflict mitigation
  • DOL finding: No violations identified
  • Avoided: Potential $2.8M penalty and corrective action plan

Defend Before You're Sued

Quantify fiduciary breach risk. Generate audit-ready documentation. Build litigation defense packages. Stop reacting to lawsuits—start proving prudent process proactively.

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