DOL Updates, Resources and Articles
Tuesday, August 11, 2020
Posted by: Karen Witham
We're aggregating helpful resources regarding recent guidance and information from the Dept. of Labor of interest to defined contribution plans.
To read DCIIA's comment letters, please visit our Resource Library.
If you are a DCIIA member and have educational content you'd like us to link to -- comment letters, blog posts, articles, etc. -- please send to email@example.com.
DCIIA and DOL Links and Resources
To read DCIIA's comment letters in response to the below, please visit our Resource Library.
DOL: Financial Factors in Selecting Plan Investments
The Department of Labor (Department) in this document proposes amendments to the “Investment duties” regulation under Title I of the Employee Retirement Income Security Act of 1974, as amended (ERISA), to confirm that ERISA requires plan fiduciaries to select investments and investment courses of action based solely on financial considerations relevant to the risk-adjusted economic value of a particular investment or investment course of action.
Visit Regulations.gov site
DCIIA member communication of June 24, 2020
DCIIA Statement Regarding Sustainable Investing in Defined Contribution Plans
DOL Fact Sheet: Improving Investment Advice for Workers & Retirees
The Department requests comments on the new proposed class exemption within 30 days of the date of publication in the Federal Register. Comments may be submitted at www.regulations.gov at Docket ID number: EBSA-2020-0003. Comments received will be included in the public record and will be made available online at www.regulations.gov and https://www.dol.gov/agencies/ebsa. The temporary enforcement policy announced in FAB 2018-02 remains in place.
Visit Regulations.gov for "Improving Investment Advice for Workers & Retirees"
This document requests information on the possible parties, business models, and conflicts of interest that respondents anticipate will be involved in the formation and ongoing operation of PEPs. This document also requests information on similar issues involving multiple employer plans (MEPs) sponsored by employer groups or associations or professional employer organizations. The Department of Labor (the Department) is considering whether to propose a class exemption on its own motion to cover prohibited transactions involving PEPs and MEPs.
Visit Regulations.gov page for "Prohibited Transactions involving Pooled Employer Plans under the SECURE Act and Other Multiple Employer Plans"
DCIIA's comment letter is posted along with other submitted comments on the site and in our Resource Library in the "Fiduciary, Legal and Regulatory" topic.
DOL: Information Letter of June 3, 2020
" ... In conclusion, a plan fiduciary
would not, in the view of the Department, violate the fiduciary’s duties
under section 403 and 404 of ERISA solely because the fiduciary offers a
professionally managed asset allocation fund with a private equity
component as a designated investment alternative for an ERISA covered
individual account plan in the manner described in this letter. ..."
DCIIA Comment on DOL Private Equity Information Letter
A New Framework for Consideration of Private Equity in Defined Contribution Plans -- Groom Law Group, July 7, 2020
DOL releases proposed fiduciary advice Prohibited Transaction Exemption -- OctoberThree, July 7, 2020
DOL Proposes a New Fiduciary Investment Advice Exemption -- Groom Law Group, July 2, 2020
U.S. Department of Labor Issues Proposed Regulation on Environmental, Social & Governance Investing -- Goodwin Law, June 30, 2020
DOL Proposes Rule to Crack Down on ESG -- Groom Law Group, June 25, 2020
DOL releases proposed regulation on ESG investments -- OctoberThree, June 29, 2020
Regulatory update: Guidance on private equity in participant directed DC plans and remote notarization -- OctoberThree, June 5, 2020
DOL Release May Increase ERISA Defined Contribution Plan Interest in Private Equity Investments -- Goodwin Law, June 4, 2020
DOL's ESG Proposal Blasted in Public Comments -- ThinkAdvisor, August 7, 2020
Barry’s Pickings: ESG QDIA -- Plansponsor, July 1, 2020
DOL ESG Proposal Throws a Cloud Over Prior Guidance -- Plansponsor, June 30, 2020
Newly Published DOL Fiduciary Proposal Matches SEC’s Reg BI -- Plansponsor, June 30, 2020
Senator Slams Department of Labor’s Revamped Fiduciary Rule -- 401k Specialist, June 30, 2020
Back to the Fiduciary Future? -- Plansponsor, June 30, 2020
Department of Labor Proposes ‘New’ Fiduciary Rule -- 401k Specialist, June 29, 2020
Adding private equity to DC plans? Well, it's complicated -- P&I, June 29, 2020
DOL proposal could chill prospects for ESG in ERISA plans -- P&I, June 26, 2020
What the DOL’s ESG Rule Really Means -- 401k Specialist, June 25, 2020
Labor Dept. Seeks to Restrict Social Goals in Retirement Investing -- The New York Times, June 24, 2020
DOL Seeks Stricter Limits on ESG Investing Under ERISA -- Plansponsor, June 24, 2020
DOL Takes Strong ERISA 401k, ESG Fiduciary Stance -- 401k Specialist, June 24, 2020
DOL proposal reinforces fiduciary role in ESG investing -- P&I, June 23, 2020
Retirees’ Security Trumps Other Social Goals -- The Wall Street Journal (op-ed), June 23, 2020
DOL opens gate to private equity in DC plans -- P&I, June 15, 2020
Private Equity in DC Plans an Opportunity to Improve Outcomes -- Plansponsor, June 11, 2020
DOL gives green light to private equity in DC plans -- P&I, June 3, 2020
DOL Sanctions Use of Private Equity in Asset Allocation Funds in DC Plans -- Plansponsor, June 3, 2020