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Text of EBSA Interpretive Bulletin Relating to Exercise of Shareholder Rights by Plan Fiduciaries for Social Investment Purposes
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]
[Official Guidance] Oct. 17, 2008
Excerpt: Plan fiduciaries risk violating the exclusive purpose rule when they exercise their fiduciary authority in an attempt to further legislative, regulatory or public policy issues through the proxy process. In such cases, the Department would expect fiduciaries to be able to demonstrate in enforcement actions their compliance with the requirements of section 404(a)(1)(A) and (B).... The use of pension plan assets by plan fiduciaries to further policy or political issues through proxy resolutions that have no connection to enhancing the economic value of the plan's investment in a corporation would, in the view of the Department, violate the prudence and exclusive purpose requirements of section 404(a)(1)(A) and (B).
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