Overview of H.R. 2988 and Potential Implications for ERISA Fiduciaries

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.

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? […]