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How does ERISA define "parties in interest"?

ERISA prohibits a wide variety of transactions with a "party in interest" with respect to a plan:

  • A fiduciary;
  • A service provider;
  • An employer any of whose employees are covered by the plan;
  • An employee organization whose members are covered by the plan;
  • A 50% or more owner of such employer or employee organization;
  • A spouse, ancestor, lineal descendent, or spouse of a lineal descendant of any of the persons above except an employee organization;
  • A corporation, partnership, trust or estate of which 50% is owned directly or indirectly by persons above (other than relatives);
  • An employee, officer, director or 10% or more shareholder of any of the persons mentioned above except a fiduciary or a relative; and,
  • A 10% or more partner or joint venturer of any person above except a fiduciary or relative.




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