"While the [EBSA] guidance is not an explicit ban, the agency makes clear that fiduciaries who are considering including cryptocurrencies within 401(k) menu options ... should expect an EBSA investigation if they decide to include such an offer.... If, upon investigation, EBSA believes that a particular digital asset investment option in a 401(k) plan is imprudent, the Solicitor's Office may file a lawsuit against the fiduciaries of the plan in federal court."  MORE >>

"The new SECURE Act regulations dictate that there may or may not be annual RMDs within the 10-year period for successor beneficiaries. Whether or not RMDs apply within the 10 years is predicated on how old the original IRA owner was in relation to the required beginning date (RBD).... How many beneficiary IRAs exist that were inherited prior to the SECURE Act in 2020? Hundreds of thousands? A million? Every single one that is left to a successor beneficiary will have to go through this exercise."  MORE >>

"The DOL [amicus statement] focused on the District Court's ruling -- and the appeals court's concurrence -- that a plan fiduciary didn't have to monitor all investments in the menu as long as some met ERISA's prudence standards." [Hughes v. Northwestern Univ., No. 19-1401 (S. Ct. Jan. 24, 2022; remanded to 7th Cir. Divane v. Northwestern Univ, No. 18-2569)]  MORE >>

"The $741 million, 15,686 participant [Molina Healthcare] plan is accused primarily of causing the plan to invest in flexPATH's 'untested target date funds, which replaced established and well-performing target date funds used by participants to meet their retirement needs.' " [Mills v. Molina Healthcare, Inc., No. 22-1813 (C.D. Cal. complaint filed Mar. 18, 2022)]  MORE >>

"Today, in reading some of the headlines, you'd think [Collective Investment Trusts (CITs) are] greater than sliced bread. They may be. They may not be. In some ways, they're just like that old standby, the mutual fund.... [1] Transparency risks ... [2] Revenue sharing risks ... [3] Legal/contractual risks ... [4] Fee risks ... [5] Regulatory protection risks."  MORE >>

"Participants' swelling account balances from stock market gains in previous years might have masked the urgency for plan sponsors to fortify their plans against the potential for asset losses.... To keep assets in plan, encourage savings and attract talent, plan sponsors have bolstered plan design features -- adding lifetime income options and the ability to repay student loans and save for emergencies."  MORE >>

"[P]articipant assessments represent a key opportunity for providers to build participant trust, drive engagement, and set the tone for the overall participant experience.... With many providers asking the same types of questions and focusing on similar aspects of financial wellness, the way they present these questions may represent a key competitive differentiator in an increasingly crowded field."  MORE >>

"While four in 10 (40%) say that their company or organization currently does at least some investing through an ESG lens, nearly as many (39%) aren't currently engaging in ESG investing but are in the planning process. Further, most executives are optimistic that the growth in ESG investing can have a positive influence on corporate behavior (91%)."  MORE >>

"Another development has arisen in the ongoing concerns regarding whether local tax rules in EU countries unfairly favor investment by local pension funds over those established outside the EU.... Some large non-EU pension funds with sizable investments in some EU countries have found it worthwhile to litigate in this area to recover taxes they have paid. A recent case has involved the College Pension Plan of British Columbia."  MORE >>