"Unless Congress legislates new law, the [DOL] addresses the question raised by the courts, or the losing plaintiffs appeal to a higher court, it is looking like in most circumstances, float earnings are not considered plan assets.... At this point, a fiduciary must now determine whether it is important to continue the same governance activities of the past or abandon those activities as a waste of time. Of course, under the current short-term interest rate environment float earnings do not amount to much especially for small plans, so the question is where do we go from here?" [In re Fidelity ERISA Float Litig., No. 13-10222 (D. Mass. March 11, 2015)]

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