Does the DOL's new Guidance issued on Plan expenses apply to Governmen

[Guest Cindy A. Steiner]

Does the DOL's new Guidance issued on Plan expenses apply to Government plans (as defined in section 1002 (32) of ERISA)?

[Carol V. Calhoun]

In theory, no, because governmental plans are exempt from Title I of ERISA, under which the guidance was issued. The only question is whether a court interpreting state statutes, or the common law of trusts, might look to the Department of Labor guidance by analogy.