Latest Posts › Employee Benefits

Share:

DOL Fiduciary Rule Saga Continues: 2024 Fiduciary Rule Halted by Texas District Courts

The Federation of Americans for Consumer Choice v. Department of Labor case was the first case challenging the Department of Labor’s 2024 retirement security rule defining who is an investment advice fiduciary. It was...more

The DOL Fiduciary Rule Is Here – Are You an Investment Advice Fiduciary?

The Department of Labor’s final definition of “investment advice” fiduciary regulation makes many more individuals fiduciaries under both the Employee Retirement Income Security Act and the Internal Revenue Code. Where for...more

Auto-Portability Providers Racing to Close Retirement Plan Gap

For decades, both the federal and state governments have been working to tackle the coverage gaps in our retirement system. In the race for retirement readiness, dark horses like state plans with mandatory adoption...more

DOL Releases New Fiduciary Rule, Broadens Definition of Investment Advice Under ERISA

On April 23, 2024, the Department of Labor published its long-awaited final retirement security rule broadening the definition of who is an “investment advice fiduciary” under section 3(21) of the Employee Retirement Income...more

Expect Focus - Volume I, January 2024

Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which...more

DOL Tries Once Again To Define What Constitutes Investment Advice Under ERISA

On Friday, November 3, the Federal Register published the U.S. Department of Labor’s (DOL) latest attempt to redefine who is an “investment advice fiduciary” under ERISA. In conjunction with the regulatory proposal, the...more

DOL to Plan Sponsors: “It’s Mostly All About the Benjamins!”

Almost one year from the date it updated its investment duties regulation (29 C.F.R. § 2550.404a-1), triggering our previous article “DOL to Plan Sponsors: ‘It’s All About the Benjamins!,’” the Department of Labor (DOL)...more

Fidelity Beats Back ERISA Challenge: Infrastructure Fee Complaint Dismissed

The U.S. District Court for the District of Massachusetts recently granted Fidelity’s motion to dismiss a lawsuit alleging that Fidelity and its affiliates violated ERISA’s fiduciary duties by receiving “infrastructure fees”...more

Fifth Circuit Vacates DOL Fiduciary Rule

On March 15, the Fifth Circuit, in Chamber of Commerce, et. al. v. United States Department of Labor, a 46-page opinion, reversed the district court’s ruling upholding the Department of Labor (DOL) fiduciary rule and vacated...more

Labor Department Extends Applicability Date of BIC Exemption and PTE 84-24 an Additional 18 Months

The Labor Department has proposed extending the applicability date of the Best Interest Contract Exemption, the Class Exemption for Principal Transactions in Certain Assets Between Investment Advice Fiduciaries, and certain...more

DOL Proposal Would Fundamentally Alter Fiduciary Relationship

Nearly five years after proposing a failed rule that would have dramatically expanded the definition of fiduciary under the Employee Retirement Income Security Act of 1974 (ERISA), the Department of Labor has decided to try...more

Supreme Court Clarifies Scope of Fiduciary Duty Under ERISA

On May 18, the Supreme Court held, in Tibble v. Edison International that a fiduciary “has a continuing duty to monitor trust investments and remove imprudent ones. This continuing duty exists separate and apart from the...more

Supreme Court Establishes New Standard for Fiduciaries of ESOP Plans

The Supreme Court, in Fifth Third Bancorp v. John Dudenhoeffer (Dudenhoeffer), recently established new standards for determining when fiduciaries of Employee Stock Ownership Plans (ESOPs) act prudently regarding a company’s...more

PBGC Supports Lifetime Income

The Pension Benefit Guaranty Corporation (PBGC) recently issued a proposed regulation designed to encourage participants in defined contribution plans (e.g., 401(k) plans) to roll over their account balances to their...more

15 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide