Synopsis: On January 20, 2021, the Biden Administration revoked the Trump Administration Executive Order (EO) which had restricted agency Guidance. On January 27, 2021, the Department of Labor (DOL) rescinded the “PRO Good...more
Seyfarth Synopsis: The Supreme Court has shown a recent reluctance, as a general matter, to expand the scope of its review. That reluctance should apply as well to cases that seek to extend the scope and enforcement of...more
Synopsis: On August 28, 2020, the federal Department of Labor (DOL) issued a final rule entitled “Promoting Regulatory Openness Through Good Guidance” (the “PRO Rule”) that establishes a data base with far fewer “Guidance”...more
10/1/2020
/ Databases ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Executive Orders ,
Fiduciary ,
Final Rules ,
Guidance Documents ,
New Rules ,
PRO Good Guidance Rule ,
Rulemaking Process ,
Trump Administration
Seyfarth Synopsis: The Supreme Court has held unanimously that a 1980 amendment to ERISA means that a pension benefit plan need not be established by a church in order to be exempt from ERISA rules, including most...more
6/6/2017
/ Advocate Health Care v Stapleton ,
Church Plans ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Exemptions ,
IRS ,
PBGC ,
Pensions ,
Religious Institutions ,
SCOTUS
Seyfarth Synopsis: The Supreme Court’s grant of certiorari in three Church Plan cases presents the possibility that many Church Plans thought for years to be exempt from ERISA rules, including its funding rules, will now have...more
12/15/2016
/ Actual Injuries ,
Advocate Health Care v Stapleton ,
Article III ,
Certiorari ,
Church Plans ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Exemptions ,
Future Harm ,
IRS ,
Kaplan v St. Peters Healthcare System ,
PBGC ,
Pensions ,
Religious Institutions ,
Rollins v Dignity Health ,
SCOTUS ,
Spokeo v Robins ,
Standing
In April, the Department of Labor issued new regulations under ERISA related to individuals who offer investment advice to ERISA plans, their fiduciaries, or participants for a fee.
The DOL now says that a fiduciary is...more