News & Analysis as of

Retirement Plan › Section 404

Burr & Forman

DOL Updates Factors For Selecting Plan Investments

Burr & Forman on

On October 30, 2020, the U.S. Department of Labor (the “DOL”) released a Final Rule to “provide clear regulatory guideposts for fiduciaries of private-sector retirement and other employee benefit plans in light of recent...more

Morgan Lewis - ML Benefits

SECURE Act May Pave Way to More Lifetime Income Opportunities in Defined Contribution Plans

Morgan Lewis - ML Benefits on

Ever since defined contribution plans have come to dominate the retirement plan landscape, both plan sponsors and policymakers have grappled with how to help employees take a lifetime’s worth of savings and convert it into a...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Investment education is all about a process

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

Advisors ask me all the time of the role of education in participant-directed 401(k) plans. Participant directed 401(k) plans that are governed under ERISA §404(c) offer the plan sponsors liability protection based on a...more

Morgan Lewis - ML Benefits

It May Be a Global Economy, but ERISA Wants You to Keep Your Plan Assets in the United States

Morgan Lewis - ML Benefits on

Enacted in 1974, ERISA celebrates its 45th birthday this year. A lot has changed in those 45 years. While ERISA has kept up with the changes at time, one area where ERISA has not stayed current is Section 404(b). Here we...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

401(k) Litigation: The Next Frontier

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

With the proliferation of litigation against 401(k) plans, it should be noted that it focuses on only one thing: cost. Litigation surrounding share classes, proprietary funds, and overall plan expenses is all about plan...more

K&L Gates LLP

Pension Plan Investments: ERISA Fiduciaries May Consider Environmental, Social, and Governance Factors Related to Economic Value

K&L Gates LLP on

Over the past two decades, the U.S. Department of Labor (DOL) has issued a number of advisory opinions and interpretive bulletins on “economically targeted investments” (ETIs). These investments are generally defined as...more

Carlton Fields

DOL Proposal Would Fundamentally Alter Fiduciary Relationship

Carlton Fields on

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

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