News & Analysis as of

Retirement Plan Department of Labor (DOL) Proposed Regulation

Faegre Drinker Biddle & Reath LLP

IRS Proposed Regulations for Plan Forfeitures

Today, employees are more likely than ever to seek new employment opportunities and change jobs. These employees may leave a company before becoming fully vested in their qualified retirement plan benefits – which may result...more

Carlton Fields

Auto-Portability Providers Racing to Close Retirement Plan Gap

Carlton Fields on

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

Troutman Pepper

Long-Term Part-Time Employee Eligibility Rules Now in Effect – Are You Ready?

Troutman Pepper on

The Setting Every Community Up for Retirement Enhancement Act (SECURE 1.0) requires plans to permit employees who work at least 500 hours but less than 1,000 hours in three consecutive 12-month periods to make elective...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (10): What is An Investment? (Part 2)

The U.S. Department of Labor has released its package of proposed changes to the regulation defining nondiscretionary fiduciary advice and to the exemptions for conflicts and compensation for investment recommendations to...more

Verrill

Use of Retirement Plan Forfeitures: The IRS Proposed Regulations, Recent Litigation, and the DOL’s Position

Verrill on

In five recently filed class action lawsuits, 401(k) plan participants allege that plan fiduciaries violated ERISA by using plan forfeitures to offset employer contributions instead of paying plan expenses. The use of...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (9): What is An Investment? (Part 1)

The US Department of Labor has released its package of proposed changes to the regulation defining nondiscretionary fiduciary advice and to the exemptions for conflicts and compensation for investment recommendations to...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (8): Special Issues—Robo Advice and Investment Education

The U.S. Department of Labor has released its package of proposed changes to the regulation defining fiduciary advice and to the exemptions for conflicts and compensation for investment advice to plans, participants...more

Eversheds Sutherland (US) LLP

Department of Labor’s Fiduciary Rule 4.0 proposal

On October 31, 2023, following its announcement by President Biden, the US Department of Labor (DOL or Department) released its Proposal 4.0 regarding ERISA fiduciary investment advice, including amended exemptions for...more

Faegre Drinker Biddle & Reath LLP

The DOL’s New Fiduciary Rule: What We Can Expect

The current DOL fiduciary rule says that a broker-dealer and its registered representatives (advisors) are fiduciaries to a plan under ERISA if a functional 5-part test is satisfied. This same 5-part test applies to...more

Morgan Lewis - ML Benefits

The New Year May Bring New Restrictions on Department of Labor Prohibited Transaction Exemptions

While the Department of Labor’s environmental, social, and governance rule garnered a lot of attention in 2022, there are two other developments simmering that could have significant implications for ERISA plans and financial...more

McDermott Will & Emery

Proposed IRS RMD Regulations Present Challenges, Risks for 403(b) Plans

McDermott Will & Emery on

The Internal Revenue Service (IRS) is strategically working to execute the statutory changes that were outlined by the Setting Every Community Up for Retirement Enhancement Act (SECURE Act) of 2019. However, the IRS’s efforts...more

Proskauer - Employee Benefits & Executive...

DOL’s Latest ESG Proposal: The More Things Change, the More They Stay the Same

On October 14, 2021, the U.S. Department of Labor’s Employee Benefits Security Administration (the “DOL”) published in the Federal Register a new proposed regulation (the “Proposed Rules”) on fiduciary responsibility in...more

Dechert LLP

More ESGcitement From the DOL – New Proposed Investment/Proxy ERISA Regulations

Dechert LLP on

The U.S. Department of Labor (the “DOL”) on October 14, 2021, released a new Proposed Regulation (the “Proposed Regulation”) generally relating to the prudence and loyalty duties under the fiduciary rules of the Employee...more

Eversheds Sutherland (US) LLP

Proposed ERISA regulation may facilitate ESG in retirement plans

On October 14, 2021, the US Department of Labor (DOL) proposed changes to ERISA regulations that would again shift the analysis of consideration of environmental, social, and governance (ESG) factors in retirement plans...more

Akin Gump Strauss Hauer & Feld LLP

DOL’s ESG and Proxy Voting Proposal—Impact on ERISA Fiduciaries and Private Fund Managers

On October 13, 2021, the U.S. Department of Labor (DOL) issued a proposed regulation that would, if adopted, amend existing regulations, adopted in 2020, relating to environmental, social and corporate governance (ESG)...more

Verrill

Thoughts on the DOL’s Proposed ESG Regulation

Verrill on

The latest installment in the regulatory back-and-forth over the investment of ERISA-governed retirement plan assets based on environmental, social, and corporate governance (“ESG”) factors arrived on October 14, 2021 in the...more

Latham & Watkins LLP

US Department of Labor Puts ESG Investing Back on the Menu

Latham & Watkins LLP on

A new proposal would amend changes made to ERISA less than a year ago that have proved to be detrimental to ESG investing. In a sweeping reversal of Trump-era policies, the US Department of Labor (DOL) has issued a...more

McAfee & Taft

DOL proposes new proxy voting rule affecting retirement plan fiduciaries

McAfee & Taft on

On September 4, 2020, the Department of Labor published a proposed regulation addressing the proxy voting responsibilities of retirement plan fiduciaries and exercises of other shareholder rights. The proposed rule would...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

We will get PEP guidance soon

With less than six months before the launch of pooled employer plans (PEPs) comes word that the Department of Labor (DOL) has some proposed regulations on tap....more

Williams Mullen

The DOL Proposes New Regulations on the Use of Environmental, Social, and Governance (ESG) Factors...

Williams Mullen on

The Department of Labor (DOL) issued proposed regulations outlining plan fiduciary duties provided by the Employee Retirement Income Security Act of 1974 (ERISA) that relate to the use of environmental, social, and governance...more

Goodwin

U.S. Department of Labor Issues Proposed Regulation on Environmental, Social & Governance Investing

Goodwin on

On June 23, 2020, the U.S. Department of Labor issued a proposal to regulate the use of environmental, social, and governance (ESG) strategies by investment fiduciaries under ERISA. The proposal, if finalized, would be the...more

Bradley Arant Boult Cummings LLP

DOL Proposed Regulations on Selecting Socially Responsible Plan Investments

The Department of Labor (DOL) has issued proposed regulations to revise the DOL's existing investment duties regulation regarding environmental, social, and governance (ESG) investments (sometimes referred to as “socially...more

Ballard Spahr LLP

DOL Proposes New Regulations on ESG Investments in Retirement Plans

Ballard Spahr LLP on

The United States Department of Labor (DOL) has issued a new set of proposed regulations providing guidance to plan fiduciaries about investing plan assets in investment vehicles that have environmental, social, and/or...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL is “plotting” a new fiduciary rule

When a government agency is plotting, they have to do it in public and it’s just a matter of when you find the clue. The Department of Labor (DOL) has filed a draft regulation called “Improving Investment Advice for...more

Proskauer - Employee Benefits & Executive...

Department of Labor Finalizes New Safe Harbor for Electronic Delivery of Retirement Plan Disclosures

On May 21, 2020, the U.S. Department of Labor (the “DOL”) finalized its proposed regulation expanding electronic delivery for retirement plan disclosures. On balance, the final regulation is generally consistent with the...more

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