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Text of EBSA Interpretive Bulletin 2015-01 Relating to the Fiduciary Standard Under ERISA in Considering Economically Targeted Investments
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]
[Official Guidance] Oct. 22, 2015 11 pages. "In this document, the Department withdraws Interpretive Bulletin 08-01 and ... reinstates the language of Interpretive Bulletin 94-01.... The Department believes that in the seven years since its publication, IB 2008-01 has unduly discouraged fiduciaries from considering ETIs and ESG factors. In particular, the Department is concerned that the 2008 guidance may be dissuading fiduciaries from [1] pursuing investment strategies that consider environmental, social, and governance factors, even where they are used solely to evaluate the economic benefits of investments and identify economically superior investments, and [2] investing in ETIs even where economically equivalent.... "The Department also has concluded that the same standards set forth in sections 403 and 404 of ERISA governing a fiduciary's investment decisions ... apply to a fiduciary's selection of a 'socially-responsible' mutual fund as a plan investment or, in the case of an ERISA section 404(c) plan or other individual account plan, a designated investment alternative under the plan.... The bulletin does not supersede the regulatory standard contained at 29 CFR 2550.404a-1, nor does it address any issues which may arise in connection with the prohibited transaction provisions or the statutory exemptions from those provisions." [Also available: News Release and Fact Sheet.] |
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