News & Analysis as of

Department of Labor (DOL) Retirement Plan Retirement Plan Providers

Ropes & Gray LLP

DOL Sheds Light on the Fiduciary Responsibilities That Arise with Pooled Employer Plans PEPs

Ropes & Gray LLP on

On July 28, 2025, the U.S. Department of Labor (“DOL”) issued some new interpretive guidance as part of a request for information (“RFI”) about pooled employer plans (“PEPs”) and an employer’s fiduciary responsibilities that...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Full Circle: Why Retirement Plan Providers Need to Rethink the Business of 401(k) Plans

There’s a lesson I’ve learned from life, law, and a few thousand hours of 401(k) consulting: Time is undefeated. It catches up with people, ideas, firms, and reputations. I’ve watched good advisors lose their way, and...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL Launches Lost and Found Database

The Department of Labor’s Employee Benefits Security Administration (EBSA) launched the public Retirement Savings Lost and Found Database, an online tool designed to help former participants and beneficiaries find retirement...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

401(k) Plans, 2025, and You, The 401(k) Plan Sponsor

Iremember as a kid in the 1980s, being fascinated that 2000 was upon us. Now, we are almost 25 years in, and 2025 is just around the corner. The beauty of the 401(k) plan business is that it’s constantly changing, it’s way...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

When 401(k) Plan Sponsors Have To Say No

When I was a kid, I was rather shy. It certainly didn’t help that my parents were domineering. Even as an adult, I would always try to be agree- able and try to get along by not saying no. For the past 14 years with my...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Predictions In The 401(k) Space

Whether it’s a presentation or an article, predictions over the fu- ture don’t usually add up. Sure, then the 1964 World’s Fair predicted video phone calls, we all still don’t have our jet- packs, and an article on the Mets...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Essential Plan Providers Needed For A 401(k) Plan

When people are sick, especially with debilitating illnesses or diseases, it’s natural for them to travel far and wide to get the best medi- cal coverage possible. People who are ill will try to find the best medical coverage...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Oh, The Brutal Mistakes That 401(k) Plan Sponsors Make

A 401(k) plan has so many moving parts, that errors do happen. I always say that if you want to find a mistake within a plan, you will eventually find one. However, there is a simple difference between common mistakes and...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

401(k) Plan Providers Need To Be Secure After SECURE

While I took a couple of courses on ERISA and retirement plans for my Boston University Tax L.LM degree, my real education began in September 1998 when I worked for Harvey Berman, who co-owned a third-party administration...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (6): The Fiduciary Definition of Fiduciary

The US 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 (including...more

Faegre Drinker Biddle & Reath LLP

IRS Announces 2024 Retirement Plan Limits

The IRS recently announced the 2024 cost-of-living adjustments to various benefit and contribution limits applicable to retirement plans. The IRS modestly increased the applicable limits for 2024. The following limits apply...more

Eversheds Sutherland (US) LLP

DOL opines on plan sponsor’s diverse investment manager program

The Department of Labor (DOL) recently advised that a program under which Citigroup Inc. (Citi) subsidizes investment management fees for its employee benefit plans’ diverse investment managers could be implemented without...more

Pullman & Comley - Labor, Employment and...

A New Way to Count Participants in Individual Account Retirement Plans

Employers who sponsor retirement plans for their employees face annual reporting requirements that may involve significant expenses. One of these is the requirement that a plan be audited annually by an independent qualified...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

AI is here for 401(k) review

I’ve been long in this business to remember no participant websites, so I’m amazed by technological breakthroughs. Artificial Intelligence (AI) tools BenchMine is billed as the first-ever AI 401(k) comparative analysis...more

Poyner Spruill LLP

BREAKING NEWS: Change in Participant Count Methodology for Plan Audit Threshold

Poyner Spruill LLP on

We come with breaking news that will be welcomed by many smaller plan sponsors! The DOL has amended the Form 5500 forms and instructions for 2023 and significantly changed how a plan sponsor counts participants for...more

BakerHostetler

The Growing Threat to ESG Initiatives

BakerHostetler on

On Jan. 26, 2023, twenty-four states sued the Department of Labor to block a new rule allowing retirement plans to consider environmental, social, and governance concepts (known as ESG) when administering plan assets. The...more

Latham & Watkins LLP

DOL Final Rule on ESG Factors to Take Effect February 1, 2023

Latham & Watkins LLP on

The Final Rule clarifies the application of ERISA’s fiduciary duties of prudence and loyalty to the selection of plan investments that incorporate ESG goals. On November 22, 2022, the US Department of Labor (DOL) released a...more

Bass, Berry & Sims PLC

SECURE 2.0 + 1: Retirement Plan Changes and One Notable Health Plan Change

Bass, Berry & Sims PLC on

As widely reported, the president recently signed into law the Consolidated Appropriations Act of 2023 (CAA 2023), a $1.7 trillion omnibus spending bill, which contains significant provisions affecting employer-sponsored...more

Proskauer - Employee Benefits & Executive...

SECURE 2.0 Act of 2022 Arrives: (Another) Landmark Retirement Package

The wait is over for SECURE 2.0, a long-awaited (and debated) package of retirement plan reforms.  Today, Congress passed the “SECURE 2.0 Act of 2022” as part of the 2023 Consolidated Appropriations Act; President Biden is...more

Parker Poe Adams & Bernstein LLP

DOL Removes Certain Restrictions on ESG Considerations in ERISA Plan Investment Management

In November, the Department of Labor (DOL) issued a final rule (Final Rule) that will remove certain restrictions on environmental, social, and governance (ESG) considerations in plan investments. These restrictions were...more

Kilpatrick

5 Key Takeaways | Establishing Tax Qualified Retirement Plans

Kilpatrick on

Kilpatrick Townsend's Sterling Perkinson and Peter Daines recently presented "Establishing Tax Qualified Retirement Plans." These are the 5 key takeaways from their presentation....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Criticism is fine

When I was at law school at American University Washington College of Law, I was the Executive Editor of The American Jurist, which was the student newsmagazine for my final year of law school. I wasn’t a particularly fond...more

Morgan Lewis

The Interplay Between ESG Investing and ERISA’s Fiduciary Duties

Morgan Lewis on

Environmental, social, and governance (ESG) investing—especially the “E”—is an increasingly hot topic for investors, but it presents unique legal issues for retirement plan decision makers who have strict fiduciary duties to...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Fidelity to offer crypto window in 401(k) plans

Fidelity Investments will allow investors to put bitcoin (BTC) into their 401(k) retirement savings accounts later this year....more

Morgan Lewis - ML Benefits

State Anti-ESG Bills May Complicate Public Retirement Plan Investing

At the same time that the federal government, through the US Department of Labor, appears to be easing retirement plan fiduciaries’ paths to considering certain environmental, social, or governance (ESG) factors in making...more

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