News & Analysis as of

Retirement Plan Fiduciary Duty Field Assistance Bulletins

Proskauer - Employee Benefits & Executive...

DOL Releases Guidance on addressing the Missing Participant Problem

The problem of “missing” participants and beneficiaries (individuals for whom the plan administrator does not have adequate contact information) is an ongoing issue for retirement plan administrators. It is also an area to...more

Proskauer - Employee Benefits & Executive...

Terminating a 401(k) Plan? The DOL Blesses Use of the PGBC Missing Participant Program

The DOL recently issued Field Assistance Bulletin 2021-01, blessing the PBGC’s Missing Participant Program as an additional method of addressing a perennial issue in 401(k) terminations – the problem of missing participants...more

Eversheds Sutherland (US) LLP

Lost and found: DOL issues guidance relating to missing participants

On January 12, 2021, the Department of Labor (DOL) released a triple shot of guidance related to helping retirement plan fiduciaries meet their obligations under the Employee Retirement Income Security Act (ERISA) to...more

Proskauer - Employee Benefits & Executive...

New DOL Fiduciary Rule Package: What You Really Need to Know

The U.S. Department of Labor’s (the “DOL”) new “fiduciary rule” package, issued on June 29, 2020, and published in the Federal Register on July 7, 2020, has three important components...more

Holland & Hart - The Benefits Dial

Money Talks But It Can’t Sing and Dance and It Can’t Walk . . . Department of Labor Acknowledges Benefits of Socially-Conscious...

For years, the Department of Labor (“Department”) cautioned that retirement plan investments that consider social-justice values rather than traditional measures like profits and losses, could result in a violation of a plan...more

Dechert LLP

ERISA’s Social Goals? ESG Considerations Under ERISA

Dechert LLP on

A substantial portion of available global investment capital is held under private U.S. pension and other employee benefit plans governed by the Employee Retirement Income Security Act of 1974 (“ERISA”). At the same time, for...more

Seyfarth Shaw LLP

DOL Issues Temporary Enforcement Policy For Fiduciary Advice Rule

Seyfarth Shaw LLP on

On May 7, 2018, the Department of Labor (the “DOL”) issued a temporary non-enforcement policy regarding its investment advice fiduciary regulation (the “Fiduciary Rule”) in Field Assistance Bulletin 2018-02. This guidance was...more

Verrill

Socially Responsible Investing and the Plan Fiduciary

Verrill on

In the wake of mass shootings, environmental disasters, industrial accidents, drug and tobacco use pandemics, and other tragedies, retirement plan investors are paying more attention to selecting or rejecting investments...more

Seyfarth Shaw LLP

Department Of Labor Has More To Say About ESG And Shareholder Rights

Seyfarth Shaw LLP on

On April 23, 2018, the Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2018-01 (“FAB”), which clarifies Interpretive Bulletin 2015-01 (relating to a benefit plan selecting investments to promote social policy...more

Robinson+Cole ERISA Claim Defense Blog

Department of Labor Secretary Acosta Announces Partial Implementation of the Fiduciary Rule

On May 22, 2017, Department of Labor (DOL) Secretary Alexander Acosta announced in an op-ed in the Wall Street Journal that the DOL will not issue another delay of the “fiduciary rule,” set to become generally effective on...more

Bowditch & Dewey

DOL Fiduciary Rule: Love It or Hate It, It’s Here

Bowditch & Dewey on

If you have an account in a retirement plan where you work or you own an Individual Retirement Account, you may get investment advice from an investment advisor. You might expect that advisor to give you advice that was in...more

Robinson & Cole LLP

Department of Labor Secretary Acosta Announces Partial Implementation of the Fiduciary Rule

Robinson & Cole LLP on

On May 22, 2017, Department of Labor (DOL) Secretary Alexander Acosta announced in an op-ed in the Wall Street Journal that the DOL will not issue another delay of the “fiduciary rule,” set to become generally effective on...more

Stinson - Benefits Notes Blog

No Additional Delay on Effective Date of New Fiduciary Standards – DOL

This week, new U.S. Department of Labor Secretary Acosta announced that the final fiduciary regulations would go into effect on June 9, 2017. The Department also issued two pieces of guidance with regard to the regulations...more

Snell & Wilmer

Update – A Rule Deferred: Department of Labor Delays Implementation of Fiduciary Rule

Snell & Wilmer on

As we previously reported in our February 16, 2017 blog post, “A Rule Deferred: Department of Labor Delays Implementation of Fiduciary Rule,” the DOL anticipated delaying the effective date of the fiduciary rule by 180 days. ...more

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