Posts by RetireAware

A federal court in Texas has ruled that American Airlines breached its duty of loyalty under ERISA by failing to respond to activities undertaken by a plan investment manager (BlackRock) supporting ESG initiatives. The court was unable to find a breach of prudence—rather it relied solely on the obligation of “loyalty.”

As we enter 2025 there is much speculation about the policies the Trump administration (“Trump 2.0”) will pursue. This blog discusses what might occur under the incoming administration with respect to retirement plans and how the incoming administration could shape the retirement plan landscape.

As employers have become more attuned to their fiduciary responsibilities, plaintiffs’ attorneys have had to dig deeper to find a basis for suing plan sponsors. Two recent court decisions (Hutchins v. HP Inc and Perez-Cruet v. Qualcomm Inc) reflect diametrically opposing judicial responses to the same new litigation strategy, The Claims Both Hutchins and Perez-Cruet […]

A new fiduciary case, Kelley v. TIAA,  has been filed against TIAA and Morningstar. This case is different than the typical “fees are too high and returns are too low” type of case –it contains some significant new accusations against TIAA and raises new issues. If this case succeeds, it could have some far-reaching implications. […]

New IRS guidance clarifies provisions of SECURE 2.0 allowing employees to access their funds in an emergency.

The DOL has issued new guidance narrowing the circumstances under which a group of unrelated employers can come together and create a group health care plan.

The DOL has finalized new rules defining who is an investment fiduciary under ERISA; this marks the DOL’s latest effort to replace rules issued in 1975.

IRS Guidance on recent legislation helps employers start planning for next few years.

Recent court decision reiterates that provider fees are reasonable only of fiduciaries understand all income received by a provider as the result of providing services to a plan.