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Proposed Rules Employee Retirement Income Security Act (ERISA) Retirement Plan

Eversheds Sutherland (US) LLP

Dual registrant regulatory roundup - May 2024

Welcome to the Regulatory Roundup. Each month, Eversheds Sutherland Investment Services attorneys review significant regulatory developments (including notable rulemakings and guidance from securities regulators) from the...more

Seyfarth Shaw LLP

Third Time’s a Charm or Three Strikes You’re Out? The Department of Labor Finalizes its Third Revised Investment Advice Fiduciary...

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On April 23, 2024, the DOL finalized its 2023 proposed package of amendments to the regulations defining who is a fiduciary under ERISA by virtue of providing investment advice for a fee, and amendments to seven existing...more

Morgan Lewis - ML Benefits

DOL Proposed Rule on Automatic Portability: Plan Fiduciaries’ Perspective

While the US Department of Labor’s (DOL’s) recently proposed regulations regarding automatic portability transactions would place the onus of compliance on transfer providers, a number of the provisions would trigger ERISA...more

Carlton Fields

New DOL Fiduciary Rule Proposal: Still the Same Old Act…

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On November 3, 2023, the Department of Labor proposed yet another fiduciary rule, the latest in more than a decade of DOL efforts to ensure that every financial professional who sells an investment product to a retirement...more

Carlton Fields

Expect Focus - Volume I, January 2024

Carlton Fields on

Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which...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

Troutman Pepper

DOL Proposed Rule: New Definition of "Investment Advice Fiduciary"

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On October 31, the Department of Labor (DOL) released a proposed rule (the Proposed Rule) aiming to redefine and expand who qualifies as an “investment advice fiduciary” under the Employee Retirement Income Security Act of...more

Seyfarth Shaw LLP

You Can Call the DOL’s New Investment Fiduciary Rule by Another Name (“Retirement Security” Rule), but it’s Still the “Fiduciary...

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On October 31, 2023, the Department of Labor (“DOL”) issued its latest attempt at revising the rules regarding when investment professionals who provide “investment advice” to employee benefit plans or plan participants are a...more

A&O Shearman

U.S. Department of Labor proposes new fiduciary rule, again

A&O Shearman on

On October 31, 2023, the U.S. Department of Labor (“DOL”)'s Employee Benefits Security Administration (“EBSA”) proposed a new fiduciary rule (the “Proposal”). If finalized, the Proposal would (1) expand the definition of...more

Dechert LLP

ERISA Déjà-Boo? New Halloween Fiduciary Proposal May Be a Real Scream

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The Department of Labor (“DOL”) on October 31, 2023—Halloween—issued a release (the “Release”) proposing to make changes to the 1975 rule (the “1975 Rule”) defining when institutions and individuals are providing fiduciary...more

Verrill

The Department of Labor Proposes Its New Fiduciary Rule

Verrill on

On October 31, 2023, the Department of Labor published a new proposed regulation (the “Proposed Rule”) defining “investment advice” for purposes of determining when someone advising an ERISA plan or participant or an IRA...more

Kramer Levin Naftalis & Frankel LLP

Department of Labor Proposes Regulations More Favorable to ESG-based Investment Decisions

On Oct. 13, 2021, the U.S. Department of Labor (DOL) proposed amendments to its regulations (the Proposed Rule) that enhance the ability of employee benefit plan fiduciaries to consider climate change and other environmental,...more

Morgan Lewis - ML Benefits

DOL Proposed Rule on Consideration of ESG Factors in ERISA Plan Investing: Proxy Voting Edition

The US Department of Labor (DOL) released on Wednesday, October 13, a Notice of Proposed Rulemaking on Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights (the proposed rule), which would...more

Morgan Lewis - ML Benefits

Regulatory Ping Pong: DOL Releases Proposed Rule on Considering ESG Factors in ERISA Plan Investing

The Department of Labor (DOL) released on October 13, 2021, a Notice of Proposed Rulemaking on Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights (Proposed Rule), which would amend a prior...more

Epstein Becker & Green

[Webinar] Hot Topics and Trends in Employee Benefits for 2021 - December 3rd, 12:00 pm - 1:00 pm ET

Epstein Becker & Green on

Please join us for our live Hot Topics and Trends in Employee Benefits for 2021 webinar on Thursday, December 3, 2020. Attorneys from our Employee Benefits and Executive Compensation practice will provide insights on current...more

Foley & Lardner LLP

Department of Labor Provides Guidance on Environmental, Social and Governance (ESG) Investing

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While employers and workers alike have understandably been extremely focused on coronavirus–related matters, the U.S. Department of Labor (DOL) recently (June 23, 2020) decided that employee benefit plan fiduciaries need to...more

Goodwin

U.S. Department of Labor Formalizes Reinstatement of “Five Part Test” For Fiduciary Investment Advice and Proposes Broad Principal...

Goodwin on

On June 29, 2020, the U.S. Department of Labor (the Department) formally reinstated its “five-part test” for determining what constitutes “investment advice” under ERISA and Section 4975 of the Internal Revenue Code (the...more

Dechert LLP

What Did the DOL Just “Rollover” (and Roll Out)? – “A Primary Basis” for Understanding the New Proposed ERISA Exemption and...

Dechert LLP on

The U.S. Department of Labor (the “DOL”) on June 29, 2020 issued a release (the “Release”) proposing an important new initiative for retirement accounts (“Plans”) that are subject to the Employee Retirement Income Security...more

Proskauer Rose LLP

DOL Proposes Restrictions on ESG Investing and Issues New Fiduciary “Investment Advice” Guidance

Proskauer Rose LLP on

Proposed ERISA Restrictions on ESG Investing - On June 23, 2020, the U.S. Department of Labor (the “DOL”) issued a proposed rule that would limit when and how fiduciaries of plans subject to the U.S. Employee Retirement...more

K&L Gates LLP

DOL Issues Proposed Rule on ESG Investing for ERISA Plans: Part 1: History and State of Play

K&L Gates LLP on

On 23 June, the Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) released a proposed rule, Financial Factors in Selecting Plan Investments (the Proposed Rule). EBSA has regulatory authority over...more

Foley Hoag LLP

DOL Proposed Rule Further Discourages ESG Investments by ERISA Plans

Foley Hoag LLP on

The U.S. Department of Labor (“DOL”) recently issued a proposed regulation (the “Proposed Rule”) under the Employee Retirement Income Security Act of 1974 (“ERISA”) to reinforce its long-standing position that fiduciaries of...more

Tucker Arensberg, P.C.

DOL Proposes Rules for ESG Investments

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On June 23, the DOL released proposed regulations for retirement plans for “socially responsible” investments that are also called environmental, social and governance (ESG) investments. The proposed standards require plan...more

Bowditch & Dewey

DOL Proposes New Rules for Selecting Retirement Plan Investments

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If you are a member of the committee for your employer’s pension, 401(k), profit-sharing, or 403(b) plan, you should check out a set of proposed rules for selecting investments. If you have an outside investment advisor, as...more

Proskauer - Employee Benefits & Executive...

Department of Labor Proposal Would Curtail ESG Investing

On June 23, 2020, the U.S. Department of Labor (the “DOL”) issued a proposed rule (which was published in the Federal Register on June 30, 2020) that would amend its “investment duties” regulation set forth at 29 C.F.R. §...more

Eversheds Sutherland (US) LLP

DOL proposes to formalize its ERISA guidance on ESG investing

On June 30, 2020, the US Department of Labor (DOL) published in the Federal Register a proposed rule that would regulate ERISA plan fiduciary conduct when considering investments under an environmental, social and governance...more

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