News & Analysis as of

Defined Contribution Plans Department of Labor (DOL)

Ropes & Gray LLP

Flip a Coin?—New Congressional Efforts to Prohibit ESG in ERISA Plan Investment Selection and Proxy Voting

Ropes & Gray LLP on

This year, there has been a continued increase in initiatives promoting an anti-ESG approach to investment selection and proxy voting for ERISA plans. The U.S. Department of Labor (DOL) announced in May that it will no longer...more

Groom Law Group, Chartered

This Week From the Hill (November 2 – 8, 2025)

Each week while Congress is in session, our Policy team delivers a key update to highlight a topical benefits, health, or retirement news item from the Hill, such as a newly introduced bill, a summary of a committee hearing,...more

Mayer Brown

The Evolution of Defined Contribution Plan Class Action Litigation in 2025

Mayer Brown on

We are entering the home stretch of a memorable year. While benefits litigation may not be the first thing that comes to mind, it has been a very busy year for ERISA class actions, particularly for defined contribution plans...more

Bricker Graydon LLP

When Can You Use the DOL Calculator for Earnings on Plan Corrections?

Bricker Graydon LLP on

When I think of October, I think of pumpkin spice everything, sitting on the sidelines of my kids’ soccer games, football season and retirement plan corrections. ...more

Ropes & Gray LLP

[Podcast] Practical Considerations for Retirement Plan Sponsors Evaluating Alternative Assets in 401(k)s

Ropes & Gray LLP on

On this Ropes & Gray podcast, benefits consulting principal David Kirchner is joined by Sharon Remmer, an ERISA and benefits partner, and Elliot Saavedra, a senior benefits consultant, to discuss the implications of President...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Why Every 401(k) Plan Sponsor Needs Policies

When I first started my practice, I thought a 401(k) plan was just a plan document, a custodian, and some mutual funds. Over the years, I realized that the plan is like a baseball team—you can’t just put nine guys on the...more

Groom Law Group, Chartered

DOL Issues Lifetime Income Guidance for Default Investments

In welcome news for plan sponsors and other fiduciaries considering lifetime income solutions for their defined contribution (“DC”) plans, the Department of Labor (“DOL”) recently issued Advisory Opinion 2025-04A (“AO”) to...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Retirement Plan Committees and the Ego Problem

Whenever I sit with a retirement plan committee, I can’t help but be reminded of my experiences with nonprofit boards — both as a member and as legal counsel. The dynamics are eerily similar. On paper, everyone is there for...more

Morgan Lewis

US Department of Labor Greenlights Managed Account-Based Lifetime Income Offering

Morgan Lewis on

The US Department of Labor recently issued an advisory opinion clarifying whether a managed account–based lifetime income offering could qualify as a qualified default investment alternative....more

Shipman & Goodwin LLP

Employee Benefits Compliance Challenges for Manufacturers

Shipman & Goodwin LLP on

A key component of retaining workers for Connecticut’s manufacturers is employee benefits. In addition to focusing on the business, manufacturers sponsoring benefit plans for their workers need to stay up-to-date of the...more

King & Spalding

DOL Issues Advisory Opinion on Default Investment in Guaranteed Lifetime Income Products in Defined Contribution Plans

King & Spalding on

On September 23, 2025, the Employee Benefits Security Administration (“EBSA”) of the Department of Labor (“DOL”) issued Advisory Opinion 2025-04A (the “Opinion”) to AllianceBernstein L.P. (the “Manager”) relating to whether...more

Pillsbury Winthrop Shaw Pittman LLP

Can I Invest My 401(k) Account in Private Equity?

An executive order seems to allow 401(k) and other defined contribution plans to offer cryptocurrency, gold and private equity but leaves in place fiduciary rules that are less permissive....more

Akerman LLP - HR Defense

What Employers Should Know About Trump’s Executive Order on Expanding Access to Alternative Assets in 401(k) Plans

Employer sponsored 401(k) investment menu offerings may be getting richer in diversified assets, including private equity, cryptocurrency, and other alternative asset investments, based upon a recent executive order signed by...more

Frost Brown Todd

Retirement Dollars Could Fuel the Next Retail and Real Estate Investment Boom

Frost Brown Todd on

More than 90 million Americans participate in employer-sponsored defined contribution plans like 401(k)s, which have traditionally been limited to conventional investments such as stocks, bonds, and mutual funds. However, the...more

Proskauer - Regulatory & Compliance

What to Expect When You’re Expecting New Investors — Practical Steps Fund Managers Can Take to Prepare for Investments from...

Historically, investments in private funds have been reserved for large institutions, defined benefit pension plans, sovereign wealth funds and very wealthy individuals. In recent years, though, the notable difference in...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Private Markets in 401(k) Plans: An Opportunity or a Pandora’s Box?

A new Empower survey has made some waves in the retirement plan industry. According to their July 2025 survey, a striking 68% of advisors already use private market investments—things like private equity, private credit, and...more

K&L Gates LLP

United States: US$12.2 Trillion Opportunity–Executive Order Paves the Way for Easier 401(k) Plan Access to Alternative Investments

K&L Gates LLP on

On 7 August 2025, President Trump signed an executive order intended to modernize the 401(k) investment universe, directing the Secretary of Labor to clarify the US Department of Labor’s (DOL) position on fiduciary duties in...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The DOL is Right to Scrap the Annuity Safe Harbor

The Insured Retirement Institute (IRI) is once again carrying water for the annuity industry, this time urging the Department of Labor to retain a regulatory safe harbor that’s already obsolete. The safe harbor in question,...more

Carlton Fields

New Kids on the Blockchain: Cryptocurrencies in 401(k) Accounts

Carlton Fields on

Department of Labor (DOL) watchers have experienced regulatory whiplash in recent years. During the Biden administration, for example, the DOL issued Compliance Assistance Release (CAR) No. 2022-01, which flouted its...more

Hall Benefits Law

President Signals Policy Shift With High Stakes for 401(k) Plans

Hall Benefits Law on

On August 7, 2025, the Trump administration issued an executive order directing federal agencies to broaden retirement plan participants’ access to alternative assets—including cryptocurrency, private equity, private credit,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Just Push Play: The Fiduciary Reality Check For 401(k) Plan Sponsors

I t was 2001 when Aerosmith dropped Just Push Play, and while it was no Rocks or Toys in the Attic, it packed a punch. That title track? A distorted, energetic anthem about dropping the hesitation and just going forward. No...more

Fox Rothschild LLP

Trump Executive Order Calls for Review of Alternative Assets in 401(k) Plans

Fox Rothschild LLP on

President Trump has issued an Executive Order (EO) that could reshape how alternative assets are treated in defined contribution retirement plans. The directive requires the Department of Labor (DOL) to revisit its past...more

Brownstein Hyatt Farber Schreck

Trump Administration Begins Swift Implementation of 401(k) EO

The Trump administration is moving quickly to implement the president’s Aug. 7 executive order (EO) to expand retirement savers’ access to alternative investments in private markets through defined contribution (DC) plans,...more

A&O Shearman

Alts for All: Administration Acts to Open 401(K) Plans to New Asset Classes

A&O Shearman on

On August 7, 2025, President Trump issued an Executive Order (Order) aimed at easing the path for ERISA fiduciaries to make “alternative asset” investments available to participant-directed defined contribution plan...more

McDermott Will & Schulte

Trump EO seeks to expand access to alternative investments in retirement plans

On August 7, 2025, President Trump issued an executive order titled “Democratizing Access to Alternative Assets for 401(k) Investors.” The order seeks to clarify the obligations of Employee Retirement Income Security Act...more

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