Subscribe (Free) to
Daily or Weekly Newsletters
Post a Job

Featured Jobs

Regional Vice President of Sales

The Retirement Plan Company
(Remote / AL / FL / GA / MS)

The Retirement Plan Company logo

Retirement Plan Administrator

Bates & Company, Inc.
(Remote / Winter Park FL)

Bates & Company, Inc. logo

Business Development Director

AimPoint Pension
(Remote / Pompano Beach FL / AL / GA)

AimPoint Pension logo

Loan & Distribution Specialist

AimPoint Pension
(Remote)

AimPoint Pension logo

Defined Benefit Combo Cash Balance Compliance Consultant

Loren D. Stark Company (LDSCO)
(Remote)

Loren D.  Stark Company (LDSCO) logo

Director of 3(16) Operations

Compass
(Remote / NH / Hybrid)

Compass logo

View More Employee Benefits Jobs

Free Newsletters

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Mobile app icon
LinkedIn icon     Twitter icon     Facebook icon

25 Matching News Items

1.  SEC Disclosure Requirements for Equity Grants: What You Need to Know for 2024
Debevoise & Plimpton LLP Link to more items from this source
Nov. 27, 2023
"New Item 402(x) ... adds disclosure requirements to annual proxy statements ... For calendar year-end companies, this disclosure will be required in the Form 10-K and proxy statements to be filed in early 2025. However, because the tabular disclosure may be required with respect to option grants made in calendar year 2024, public companies should review and consider changes to their equity grant policies and procedures now."
2.  DOL Fiduciary Rule Returns from the Dead
Debevoise & Plimpton LLP Link to more items from this source
Nov. 6, 2023
"At least for rollovers from qualified employer sponsored plans, the revised rule also affords both the recipient of the recommendation and the DOL enforcement authority that can subject institutions to judicial actions, including class actions, with the DOL being armed with access to the mandated compliance documentation and reports prepared to meet the conditions of the applicable prohibited transaction exemptions."
3.  Dodd-Frank Clawbacks: A Model Policy to Prepare for a Summer Effective Date
Debevoise & Plimpton LLP Link to more items from this source
May 2, 2023
"(the 'SEC') has now designated June 11, 2023 as the date by which it will approve or disapprove the clawback-related listing standards proposed by New York Stock Exchange ('NYSE') and Nasdaq pursuant to the SEC's Rule 10D-1.... This model policy will assist issuers when adopting a new clawback policy or revising an existing policy to comply with the rules."
4.  DOL Issues Its Final Word on ESG and Proxy Voting
Debevoise & Plimpton LLP Link to more items from this source
Nov. 29, 2022
"[T]he DOL significantly softened the regulatory text on ESG without removing references to ESG altogether. It eliminated ... the attempt to define certain ESG factors in favor of three principles outlining what it considers to be relevant to a fiduciary's duty of prudence ... These new principles appear to offer significant deference to a fiduciary's own determinations of what is important to an investment decision[.]"
5.  State's Highest Court Upholds New York's 'Best Interest' Rule for Life and Annuities
Debevoise & Plimpton LLP Link to more items from this source
Oct. 21, 2022
"The Court found that the statute makes clear that producers must act in the best interest of the consumer. As to the term 'best interest' itself, the Court explained that the regulation employs standard legal terms to explain exactly what a producer needs to do to discharge this duty and held that 'following these steps does not require producers and insurers to identify the single best policy for a consumer. It simply requires them to reasonably recommend a suitable policy that will benefit the consumer, while refraining from considering their own financial gain.' " [In the Matter of Independent Insurance Agents and Brokers of New York, Inc. v. New York State Department of Financial Services, No. 73 (N.Y. Ct. App. Oct. 20, 2022)]
6.  Final Pay-Versus-Performance Disclosure Rules: Compliance Q&A
Debevoise & Plimpton LLP Link to more items from this source
Aug. 29, 2022
11 pages, 27 Q&As. "On August 25, 2022, the [SEC] adopted final rules implementing the 'pay versus performance' provisions of the Dodd-Frank Act. New Item 402(v) requires the disclosure of information that shows the relationship between executive compensation actually paid and the financial performance of the issuer ...[T]his set of Q&As [is intended to assist public company clients] in complying with these new disclosure requirements."
7.  Proposed QPAM Amendment Would Expand Criminal Disqualification Rules and Add Contractual Protections for Plans
Debevoise & Plimpton LLP Link to more items from this source
Aug. 15, 2022
"[T]he amendment would codify the DOL's interpretation that foreign crimes substantially equivalent to the enumerated U.S. offenses result in disqualification. The amendment would also add categories, short of actual crimes, permitting the DOL to strip a manager of QPAM status. The Amendment would require QPAM management agreements to indemnify plan clients against losses resulting from the QPAM's disqualification, and impose a mandatory one-year winding down period following disqualification to help plans mitigate disruptions from changing advisors."
8.  SEC Reminds Public Company Executives That Clawbacks Are a Priority
Debevoise & Plimpton LLP Link to more items from this source
June 19, 2022
"The [SEC] reopened the comment period for the proposed clawback rules initially proposed in July 2015, signaling that final rules will follow the end of this third comment period on the proposal.... After the SEC's final rules are issued, any issuer that has already adopted compensation recovery policies should examine its existing policies against the final rules to identify areas of likely change, including the applicable events that trigger clawback, the number of executives to whom the policy applies, the length of the applicable lookback window and any fault/misconduct requirements."
9.  Shareholder Climate Activism Comes for 401(k) Plans: Lessons Learned from Amazon and Comcast (PDF)
Debevoise & Plimpton LLP Link to more items from this source
June 9, 2022
"[L]essons we can learn from the SEC's decision allowing the shareholder proposals to proceed.... [1] Shareholders may solicit through shareholder proposals climate-related compensation information that is beyond the scope of the SEC's proposed climate disclosure rules. [2] Shareholder proposals may be permitted to proceed despite being inconsistent with ERISA."
10.  Recent SEC Disclosure Guidance Highlights Growing Concern Surrounding the Risks of User Assets Held by Various Crypto Custodians (PDF)
Debevoise & Plimpton LLP Link to more items from this source
June 6, 2022
"Recent turmoil in the cryptocurrency market has brought issues related to crypto-asset custody to the forefront of the cryptocurrency discourse ... Many crypto-asset investors are now wondering how their assets may be treated if their crypto-asset exchange of choice were to file for bankruptcy.... [SEC Staff Accounting Bulletin No. 121] issued on April 11, 2022 ... regarding platforms that safeguard or hold crypto-assets on behalf of users may require additional disclosures on this topic."
11.  Reopening of the Comment Period for Pay for Performance: Additional Disclosures May Be on the Way
Debevoise & Plimpton LLP Link to more items from this source
Feb. 9, 2022
"[T]he SEC is considering whether registrants should be required to disclose additional performance measures ... specifically [1] pre-tax net income, [2] net income and [3] a measure selected by the registrant that represents the most important performance measure used to link compensation actually paid during the fiscal year to company performance.... [T]he reopening release requests comment on the application to smaller reporting companies of the 2015 proposal and the additional disclosure requirements discussed in the reopening release."
12.  District Court Weighs In on Private Equity and Hedge Funds in 401(k) Plans
Debevoise & Plimpton LLP Link to more items from this source
Jan. 12, 2022
"The District Court dismissed the plaintiffs' 'conclusory allegations' that the Intel Funds' substantial allocations of alternative assets was a per se breach of the plan fiduciaries' duty of prudence. The District Court also dismissed the plaintiffs' allegations that the Intel Funds were imprudently designed when compared to comparator benchmark funds selected by the plaintiffs[.]" [Anderson v. Intel Corp. Investment Policy Comm., No. 19-4618 (N.D. Cal. Jan. 8, 2022)]
13.  Return of the Clawback Rule
Debevoise & Plimpton LLP Link to more items from this source
Oct. 20, 2021
"On October 14, 2021, the [SEC] issued a release reopening the comment period for the clawback rules initially proposed on July 14, 2015 to implement the provisions of Section 954 of the Dodd-Frank Act.... While the SEC's release was styled largely as questions for the investment community and their advisors to consider, the tenor of the questions suggests that the SEC is gearing up to offer an expansive view of clawback rules, with particular focus on the types of restatements that trigger applicability of the rules."
14.  The DOL Pendulum Swings on ESG, But How Far Remains to Be Seen
Debevoise & Plimpton LLP Link to more items from this source
Oct. 17, 2021
"The proposed rule clarifies when and how ESG factors can be taken into account by an ERISA plan fiduciary.... Plan fiduciaries are no longer prohibited from choosing a QDIA that considers ESG factors if the investment alternative best serves the financial interest of the plan.... The proposed rule amends the current regulations regarding proxy voting policies in two noteworthy but generally modest ways."
15.  DOL Intensifies Cyber Readiness Inquiries Among Retirement Plan Administrators
Debevoise & Plimpton LLP Link to more items from this source
July 13, 2021
"The increase in DOL inquiries ... [is] surprising in light of the short amount of time that has elapsed since the DOL first published a summary of best practices in this area.... [M]any of the areas addressed by the summary involve fiduciary determinations (as opposed to non-fiduciary areas of plan design and administration), creating an added urgency to address cyber readiness for retirement plans."
16.  New York's 'Best Interest' Rule for Life and Annuities: Future Is in Doubt
Debevoise & Plimpton LLP Link to more items from this source
May 6, 2021
"The Appellate Division reversed the trial court's decision, concluding that the amendments violated due process rights and were unconstitutionally vague.... If the NYDFS appeals, it will likely also move for a stay ... If the NYDFS elects not to appeal, it will likely propose a new amendment with more prescriptive requirements to comply with the Appellate Division's opinion." [Indep. Ins. Agents and Brokers of New York v. New York State Dept. of Financial Serv., No. 530047 (N.Y. App. Div., 3d Dep't, Apr. 29, 2021)]
17.  The Nebulous Concept of Fiduciary Duty
Debevoise & Plimpton LLP Link to more items from this source
June 28, 2019
"In reality, fiduciary duty means different things in different jurisdictions and in different contexts and, as a blanket statement of legal obligations, implies little more than a special relationship that has trust and confidence at its heart. Although fiduciaries have certain duties imposed on them by law, and may face tougher consequences if they breach those duties, the precise nature and extent of their duties can vary considerably. It is perhaps not surprising, therefore, that final guidance on the meaning of fiduciary duty issued this month by the [SEC] has revealed some disagreement among market participants."
18.  Fiduciary Duties: The SEC Weighs In Again (PDF)
Debevoise & Plimpton LLP Link to more items from this source
June 18, 2019
"[T]he Final Interpretation recognizes that disclosures should be 'clear and detailed enough for the client to make an informed decision to consent' and notes that whether a client has provided informed consent will depend on the facts and circumstances, including the sophistication of the client.... The SEC's recognition of the important differences between retail and institutional clients will likely be important to the application of the Final Interpretation."
19.  SEC Doubles Disclosure Obligation Threshold, Seeks to Modernize Compensatory Securities Offerings (PDF)
Debevoise & Plimpton LLP Link to more items from this source
Aug. 8, 2018
"Issuers relying on the Rule 701 exemption to offer securities under a compensatory arrangement are required to deliver additional disclosures ... to investors if the amounts offered exceed a set threshold.... Congress mandated the recent change to address concerns that the prior $5 million threshold increased the costs associated with using company stock to compensate employees and put non-reporting companies at risk of having to disclose confidential financial information."
20.  How the Changes to Section 162(m) Executive Comp Rules Impact Your Company (PDF)
Debevoise & Plimpton LLP Link to more items from this source
Jan. 17, 2018
"[The] changes will necessitate reviewing proxy disclosures related to Section 162(m) and considering whether provisions and practices related to complying with the previously applicable Section 162(m) rules should continue to be followed. As companies both public and private prepare for their compensation decisions in 2018, here are key things you need to know[.]"
   Next »

Your Search Options

  • If you have selected the Any Word radio button, above:

    Enter a single word, or as many words as you'd like (perhaps some synonyms). An item will match if it contains any one of the words.

    If you enter several words, the search engine will determine which words are the most important. So you can enter a question. Or you can paste an excerpt of several paragraphs from an article on another website to find similar news items on BenefitsLink.

  • If you have selected the All Words radio button, above:

    Enter several words. An item will match only if it contain every one of the words.

  • If you have selected the Advanced radio button, above:

    Certain words and punctuation take on special meanings—

    • Quotation marks can be used to require an exact phrase, such as
      "standard of review"
    • The words AND, OR and NOT become logic operators, which are especially powerful when used with parentheses, such as
      (vested OR vesting OR lifetime) AND (retiree OR retirement) AND (health OR healthcare) AND (benefits OR coverage)
© 2024 BenefitsLink.com, Inc.