Empower and Vanguard Penalized for Undisclosed Conflicts

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.

DOL takes another swing at redefining investment fiduciaries

This IRS has issued Notice 2023-43 as regulators begin the job of issuing the guidance needed to implement the provisions of SECURE 2.0. This Notice makes it easier for plan sponsors to correct administrative errors–without the need for IRS filings or penalties. Mistakes Happen–So What to Do? Since 1991 the IRS has had a program […]

The U.S. Department of Labor has issued new final regulations, revising regulations adopted in 2020, that attempt (once again) to clarify how plan fiduciaries can consider the use of environmental, social and governance factors (“ESG”) in making plan investment decisions. The final regulations also contain guidance on fiduciary considerations in proxy voting. Why the Fuss? […]

The ERISA world focused much energy and attention on the U.S. Supreme Court’s decision in Hughes v. Northwestern University, in which the Court reinstated a fiduciary suit against Northwestern University. In the aftermath of the Court’s decision, many analysts concluded that the decision would make life even more difficult for plan fiduciaries seeking to fend […]

Fiduciaries responsible to exercise prudence in all decisions—not just some.