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Frozen DB plans

DOL issues RFI on disclosure and fiduciary issues with respect to “climate-related financial risks”

On February 14, 2022, the Department of Labor published a “Request for Information on Possible Agency Actions to Protect Life Savings and Pensions from Threats of Climate-Related Financial Risk.” Among other things, the RFI solicits comments on whether DOL should collect data on climate-related financial risk (CRFR) for retirement plans, whether certain guaranteed lifetime investment products (e.g., annuities) may mitigate/hedge CRFR and whether DOL should facilitate their inclusion in DC plans, and whether there is a need to educate participants (e.g., in participant directed DC plans) about CRFR.

Court grants Intel’s motion to dismiss in litigation challenging the use of “non-traditional assets” in a TDF

On January 8, 2022, the United States District Court for the Northern District of California granted defendant plan fiduciaries’ motion to dismiss in Anderson v. Intel, a case involving a challenge to Intel’s inclusion of non-traditional assets (including hedge funds, private equity, and commodities) in Intel’s 401(k) plan default target date fund (TDF). Plaintiffs argued…Read More

2021 Retirement Policy – A Year In Review

Throughout the year, we have followed the performance of the interest rate and securities markets, tracking their effect on retirement finance. As of mid-December, interest rates are up 30-40 basis points for plans with typical duration, and the S&P 500 is up 25% on the year.

SECURE implementation: effective dates of key provisions

Changes to current rules applicable to retirement plans made by the Setting Every Community Up for Retirement Enhancement (SECURE) Act (signed into law by President Trump on December 20, 2019) are (in most cases) already effective. In this article we review, very briefly, the effective dates of some of the key provisions of SECURE and sponsor…Read More

2019 year in review

In this article we review some of the significant retirement policy developments of 2019, including Congress’s consideration of broad bipartisan legislation (the SECURE Act), DOL’s electronic participant communications proposal, and the Supreme Court putting three ERISA retirement plan cases on its docket. Legislation Retirement policy-related legislative activity focused on passage of the Setting Every Community Up…Read More

Legislative Update — House passes SECURE Act by 417-3 vote

In this legislative update we review House of Representatives passage, on May 23, 2019, of the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 (H.R. 1994) by a 417-3 vote. We then briefly review other legislative developments, including the re-introduction of Portman-Cardin legislation, considered part of the next round of bipartisan retirement policy…Read More

DB funding: pay now or pay later

It looks like many sponsors that are currently taking advantage of defined benefit plan minimum funding relief will, beginning in the next five years (or so), have to start paying down plan underfunding. In the interim, the primary incentive for plan funding is Pension Benefit Guaranty Corporation variable-rate premiums. In this article we review, first,…Read More

Legislative Update – April 2019

Major bipartisan retirement policy legislation introduced in the Senate and the House In the last two weeks, major bipartisan retirement policy legislation has been introduced in both houses of Congress. In the Senate, Senators Grassley (R-IA) and Wyden (D-OR), the Chairman and Ranking Member (respectively) of the Senate Finance Committee introduced the Retirement Enhancement and Savings…Read More

2018 Year in Review

In this article we review some of the significant 2018 retirement policy developments in legislation, regulation and litigation. Legislation If the 116th Congress takes up retirement policy, some (perhaps, many) of the bipartisan proposals that were considered by the current (115th) Congress will be on the table. The following is an inventory of some of…Read More