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Fiduciary Duty Regulatory Reform Employee Benefits

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Cleaning Out the ERISA Attic: DOL Retires Obsolete Interpretive Bulletins

The Department of Labor’s Employee Benefits Security Administration (EBSA) just did what many plan sponsors wish they could do, clear out old, confusing clutter that no longer serves a purpose....more

Carlton Fields

Unsafe Harbor? Deregulation and the Limit of the Secure Act Safe Harbor for Selection of Lifetime Income Provider

Carlton Fields on

On January 31, 2025, President Trump signed Executive Order 14192, titled“ Unleashing Prosperity Through Deregulation.” Its stated purpose was to encourage the reduction of private expenditure required to comply with federal...more

Mayer Brown

UK Reforms to the Rules on Surplus Release From DB Pension Schemes

Mayer Brown on

AT A GLANCE - The government will make release of surplus from ongoing defined benefit (DB) pension schemes easier....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Here we go again

Here’s the short version: the Department of Labor’s decision to reopen the Biden-era ESG rule is overdue—and welcome....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Crypto in 401(k) Plans? Sure—But Let’s Not Lose Our Minds

Well, that didn’t take long. In what’s becoming a routine political tug-of-war, the Trump administration (yes, back again) has rescinded the Biden-era Department of Labor (DOL) guidance cautioning plan sponsors against...more

Polsinelli

DOL Rescinds 2022 Guidance Concerning Cryptocurrency Investments in 401(k) Plans

Polsinelli on

On May 28, 2025, the Department of Labor (DOL) rescinded its 2022 guidance that cautioned retirement plan fiduciaries to exercise “extreme care” in permitting cryptocurrency and other digital asset investments in retirement...more

Mayer Brown

A Return to Investment Neutrality? DOL Rescinds Guidance Discouraging Plan Fiduciaries from Considering Cryptocurrencies

Mayer Brown on

On May 28, 2025, the US Department of Labor (the “Labor Department”) issued Compliance Assistance Release No. 2025-01 (the “2025 Release”), memorializing the Labor Department’s decision to rescind Compliance Release No....more

Mayer Brown

"Game-Changing" Pensions Reform – The Pension Schemes Bill is Published

Mayer Brown on

The long-awaited Pension Schemes Bill has been laid before Parliament. Described by the government as a "game changer", it aims to increase members' pension pots and deliver a £50 billion investment into the UK economy. The...more

Hogan Lovells

HL UK Pensions Law Digest 9 June 2025

Hogan Lovells on

Welcome to our latest update, in which we cover:  The long-awaited Pension Schemes Bill was introduced in Parliament on 5 June 2025. Many of the provisions are no surprise, as they will give legal effect to proposals which...more

A&O Shearman

Crypto in and ESG out—DOL changes to 401(k) plan governance

A&O Shearman on

The U.S. Department of Labor (DOL) recently announced two significant changes to 401(k) plan investments, signaling an increase in latitude for fiduciaries who wish to make available cryptocurrency investments in their plans...more

Parker Poe Adams & Bernstein LLP

Labor Department Shifts Positions on ESG Investments and Cryptocurrencies in 401(k) Plans

As anticipated, the Department of Labor (DOL) recently changed its position with respect to certain investment choices that 401(k) plan fiduciaries sometimes consider or make available to plan participants, including...more

Jackson Lewis P.C.

Cryptocurrency in 401(k): A Balanced Approach Returns

Jackson Lewis P.C. on

On May 28, 2025, the DOL released Compliance Assistance Release No. 2025-01. The 2025 CAR rescinds the DOL’s previous Compliance Assistance Release No. 2022-01 (2022 CAR), issued in 2022, which indicated an unfavorable DOL...more

Mayer Brown

DB Pension Surpluses – Relaxation of Extraction Rules

Mayer Brown on

The government has responded to the previous government's 2024 consultation on options in the DB context to provide better outcomes for members, drive a more consolidated market, and enable pension funds to invest in a...more

Jackson Walker

2025 Regulatory Review: Implications for Retirement Plans and Employer Actions

Jackson Walker on

The first few months of 2025 brought the potential for many changes. On January 20, 2025, one of the Executive Orders pulled back all proposed regulations that had been issued in the last 60 days, including proposed...more

Lathrop GPM

The “Deregulatory Initiative” Executive Order: Impact on Employee Benefit Plans

Lathrop GPM on

A February 19 Executive Order, titled “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative,” is aimed at directing the “Administration to focus the...more

Mintz

Biden Administration's DOL Rule Permitting ESG Investments Survives Legal Challenge

Mintz on

4 Last week, a federal district judge in the Northern District of Texas upheld a rule promulgated by the Biden Administration's Department of Labor enabling ESG-focused investing. Specifically, the court determined that the...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (49): Recommendations to Transfer IRAs (NAIC)

The stay of the effective dates of the amended fiduciary regulation and amended exemptions means that the “old” DOL fiduciary regulation (the 5-part test) and the existing exemptions continue in effect indefinitely....more

Polsinelli

New Final Department of Labor Rules on Investment Advice are Immediately Challenged in Court

Polsinelli on

The U.S. Department of Labor (“DOL”) recently issued final, new regulations (the “rules”) regarding who is considered an investment advice fiduciary that are slated to become generally effective on September 23, 2024, as well...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (31):The DOL’s Final Fiduciary Definition Compared to the Proposal

On April 25, 2024, the Department of Labor published its final regulation on defining fiduciary status for investment advice, and the related exemptions, in the Federal Register. The exemptions provide relief from prohibited...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (29): The Final Rules Have Arrived

On April 25, 2024, the Department of Labor published its final regulation on fiduciary advice, and the related exemptions, in the Federal Register. The regulation defines fiduciary investment advice and the exemptions provide...more

Bass, Berry & Sims PLC

BREAKING: DOL Expands Definition of Fiduciary under ERISA

Bass, Berry & Sims PLC on

The U.S. Department of Labor issued final regulations on April 23, expanding the definition of “fiduciary” under ERISA. The final regulations alter the definition of “investment advice fiduciary” for purposes of Title I and...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (15): Reasonable Costs and Reasonable Compensation

The U.S. 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 recommendations to retirement plans,...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (13): Advisors and Agents with Restricted Investment Menus (Part 2)

The U.S. 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 recommendations to retirement plans,...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (11): What is An Investment? (Part 3)

The U.S. Department of Labor has released its package of proposed changes to the regulation defining nondiscretionary fiduciary advice and to the exemptions for conflicts and compensation for investment recommendations to...more

Cadwalader, Wickersham & Taft LLP

DOL Issues New Proposed Fiduciary Rule

On Tuesday, October 31, 2023, the U.S. Department of Labor (the "DOL") issued a new proposed rule pertaining to the definition of “fiduciary” under ERISA and Section 4975 of the Code. If adopted, the proposed rule would...more

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