"DOL is proposing significant changes to the exemption application regulation. The proposal would codify some of DOL's existing policy positions that have already been applied in the course of some exemption requests but would also add a number of important new requirements."  MORE >>

"[Compliance Assistance Release 2022-01] raises questions as to what degree (if any) of indirect exposure of plan participants to cryptocurrency investments through 'other products whose value is tied to cryptocurrencies' the Department will tolerate: i.e., whether indirect investment in a fund with a small percentage of its assets in cryptocurrency will be deemed to be unacceptably risky."  MORE >>

"[Compliance Assistance Release 2022-01] marks a significant departure from the DOL's standard position by indicating that an entire asset class should be viewed skeptically. ERISA, however, does not prohibit 401(k) plans from offering such investments. Including cryptocurrencies as a 401(k) plan investment option may or may not make sense for a particular plan depending on myriad factors."  MORE >>

"DOL's inclusion of brokerage windows in its statement about investigating cryptocurrency offerings is surprising. In a recent report, the ERISA Advisory Council noted that participants who use brokerage windows tend to have above-average investment experience and financial sophistication -- factors that prompted the council to limit its recommendations to DOL.... Could DOL's investigation of cryptocurrency signal broader scrutiny of brokerage windows?"  MORE >>

"State-administered retirement programs are intended to provide savings options for workers without a workplace plan. States are taking a variety of approaches to these programs ... This In Focus describes the most common state-administered program -- the payroll deduction IRA." [IF11611, Mar. 18, 2022]  MORE >>

"Lack of consistent values across plan participants leads to difficulty in making appropriate fund selections.... Insufficient employee demand leads to delaying consideration.... Shifting political and regulatory environment has led to uncertainty."  MORE >>

"Many plan sponsors are at various stages of considering how to incorporate ESG into their retirement plan design and fund offerings.... This piece is intended to provide such plan sponsors and their service providers with a framework for engaging participants on the topic of ESG and how it may be integrated into their retirement plan communications."  MORE >>

"As those participating in 401(k) plans rely on their employers to provide prudent investment choices, the Pension Rights Center applauds EBSA's quick action to alert employers about potentially risky investment choices with the goal of preventing participants from unknowingly putting their hard-earned money into risky investments."  MORE >>