To the Moon After All? DOL Targets Cryptocurrency in Retirement Plans

In Compliance Assistance Release No. 2022-01 (the “Release”), the Department of Labor (the “Department”) signaled its intention to scrutinize inclusion of cryptocurrency assets and crypto-derivative products as investments in ERISA-covered retirement plans.  In particular, the Release articulates the Department’s view … Continue reading

Posted in Employee Benefits, Qualified Retirement Plans | Tagged , , , , , , , , , , , ,

Share this Article:

More is Not Always Better: Supreme Court Reexamines Fiduciary Duty of Prudence

In what may be one of the shortest decisions this term, the Supreme Court handed down a unanimous six-page opinion on January 24, 2022 in Hughes v. Northwestern University.  Vacating the Seventh Circuit’s decision, the Court further defined an ERISA … Continue reading

Posted in Employee Benefits | Tagged , , , , , , ,

Share this Article:

Final DOL Rule Imposes Fiduciary Limitations on Social Investing

The DOL recently issued a final rule (“Rule”) providing guidance on the long-standing issue of whether ERISA fiduciaries are permitted to consider non-pecuniary factors while making investments (or selecting investment funds) that promote one or more environmental, social or corporate … Continue reading

Posted in Employee Benefits, Qualified Retirement Plans | Tagged , , , , , , ,

Share this Article:

Fiduciary Rule to Go Into Effect but DOL Provides Temporary Non-Enforcement Policy

As reported in our April 18th blog, the Department of Labor (“DOL”) officially delayed the applicability of the Fiduciary Rule for 60 days, until June 9, 2017.  Given the multiple delays leading up to the proposed June 9th date and … Continue reading

Posted in Employee Benefits, Qualified Retirement Plans | Tagged , , , , , , ,

Share this Article:

The Official Delay of the Fiduciary Rule: A Compromise

On April 7, 2017, the DOL published a final rule, officially delaying the applicability of the Fiduciary Rule for 60 days, until June 9, 2017. The DOL noted that a full review of the Fiduciary Rule and its impact is … Continue reading

Posted in Employee Benefits, Qualified Retirement Plans | Tagged , , , , , ,

Share this Article:

Dealing with Long-Winded Out-of-Network Provider Nuisance Letters

Over the past couple years, more and more of my clients with self-funded plans have received letters from out-of-network providers appealing denied claims.  The letters are usually 20 to 30 pages long, not very specific, and make various accusations against … Continue reading

Posted in Employee Benefits, Health & Welfare Plans | Tagged , , , , , , ,

Share this Article:

Five Lawsuits Filed Against DOL’s Fiduciary Rule (so far)

As we previously discussed in our May 19, 2016 SW Benefits Update, the Department of Labor (“DOL”) recently issued final regulations on fiduciary conflicts of interest in retirement programs.  Since 2010 when the DOL first proposed regulations addressing self-interested advice … Continue reading

Posted in Employee Benefits, Qualified Retirement Plans | Tagged , , , , , , , , , , , ,

Share this Article:

401(k) Plan Fiduciaries – Have you thought about your continued offering of the PIMCO Total Return Fund?

The abrupt departure of Bill Gross from PIMCO leaves many investors pondering their next move.  Should an investor stay the course and see how PIMCO’s new investment team performs?  Should an investor leave and follow Mr. Gross to Janus Funds?  Should … Continue reading

Posted in Employee Benefits, Qualified Retirement Plans | Tagged , , , , , , ,

Share this Article:

Plan Fiduciaries Get an Assist from the DOL

Since 2012, covered service providers (“CSPs”) such as recordkeepers and investment advisors have had to provide annual service and fee disclosures to plan fiduciaries under Section 408(b)(2) of ERISA.  Plan fiduciaries cannot remain idle after receiving these disclosures —  review … Continue reading

Posted in Employee Benefits, Qualified Retirement Plans | Tagged , , , ,

Share this Article: