Rev. Jan. 2025. "Use Form 8915-F for 2021 and later disasters. Also, use it after 2020 instead of Form 8915-E, for coronavirus-related and other 2020 disasters."  MORE >>

81 pages. List of Defined Contribution plan documents pre-approved as of May 13, 2024; published online May 31, 2024.  MORE >>

26 pages. List of Defined Benefit plan documents pre-approved as of May 13, 2024; published online May 31, 2024.  MORE >>

26 pages. List of 403(b) M&P and VS plan documents pre-approved as of May 13, 2024; published online May 31, 2024.  MORE >>

17 pages. List of 403(b) plan documents pre-approved as of May 1, 2023 [sic]; published online May 31, 2024.  MORE >>

"The toolkit includes a decision matrix to help individuals self-assess whether their actions make them an investment advice fiduciary under ERISA or the Internal Revenue Code, as well as high-level checklists for the two most relevant PTEs to help you understand what compliance might look like with these exemptions. [1] Am I Acting as an Investment Advice Fiduciary? [2] Amended Prohibited Transaction Exemption (PTE) 84-24 Checklist; [3] Requirements for Amended Prohibited Transaction Exemption (PTE) 2020-02."  MORE >>

"Though not breaking much new ground, the fact sheet provides clear and helpful guidance to plan sponsors choosing to extend all or some of the distribution and/or loan relief to their employees in the wake of disasters. These qualified disaster recovery provisions are optional, and plan sponsors may choose to adopt some or all of these provisions immediately or at a later date."  MORE >>

"The IFR expands eligibility to serve as a 'qualified termination administrator' ('QTA') to include Chapter 7 bankruptcy trustees and certain parties appointed by such trustees ('Eligible Designees'). ... [T]he IFR also makes a number of technical changes which may impact the administration of abandoned plans."  MORE >>

"Like the FACC complaint, ACLI's legal challenges draw heavily from a Fifth Circuit case ... that invalidated a 2016 version of the DOL's Fiduciary Rule. Unlike the FACC case, the ACLI complaint additionally alleges that the Fiduciary Rule is unconstitutional under the First Amendment." [ACLI v. DOL, No. 24-0482 (N.D. Tex. complaint filed May 24, 2024)]  MORE >>

"A handful of new lawsuits challenging employee stock ownership plans with significant cash holdings could force courts to grapple with the differences between traditional retirement plans and those aimed at giving workers an ownership stake in their companies."  MORE >>

"Uncertainty about the cost and structure of recently authorized pooled-employer retirement plans is driving down participation in an option previously touted as a game changer for the 401(k) industry. Fewer than 300 firms have registered with the [DOL] to sponsor the plans ... [EBSA] had predicted as many as 3,200 early registrants in a 2021 rule outlining provider sign-ups for the plans,"  MORE >>

"Almost half of plan sponsors surveyed (45%) have either made or are considering making changes to their fixed income offerings and more than a third (35%) have made or are considering adjusting their inflation-protected investment offerings in the next 12 to 18 months[.]"  MORE >>

An unofficial monthly report of the Moody's Daily Long-term Corporate Bond Yield Averages and Moody's Daily Treasury Yield Averages (used as benchmarks by some corporate pension plans).  MORE >>

"For fiduciaries overseeing other people's money, private equity's disparate treatment of investors, abusive industry practices and alarming lack of transparency should be deal-breakers. To the contrary, pensions in recent years have dramatically increased their allocations to private equity funds ... Since pension fiduciaries are never permitted to see all side agreements, there's simply no way they can fulfill their legal duties when investing in these funds."  MORE >>

"[T]he 222nd open meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans (also known as the ERISA Advisory Council) will be held on July 8-10, 2024.... The meeting will take place at the [DOL offices in Washington, DC] ... [and] will also be accessible via teleconference ... The purpose of the open meeting is for Advisory Council members to hear testimony from invited witnesses and to receive an update from [EBSA]. The Advisory Council will study the following topics: [1] Making Welfare Plan Claims and Appeals Procedures More Accessible to Participants, and [2] Lifetime Income and Qualified Defined Investment Alternatives (QDIAs)."  MORE >>

"The new law narrows several exemptions and exceptions to the statute.... First, the 'goodwill or ownership' exemption is now limited only to where 'the person signing the covenant purchases, sells, acquires, or disposes of an interest representing one percent or more of the business.' Second, the 'nonsolicitation agreement' exemption has been significantly narrowed."  MORE >>

"The FTC posits that all non-competes [1] are a method of competition as opposed to a condition of the marketplace, [2] are facially unfair because they are restrictive and exclusionary, and [3] tend to negatively affect competition in labor, product, and service markets. Thus, the FTC adopted a rule to ban non-competes entered into on or after the rule's effective date." [Ryan LLC v. FTC, No. 24-0986 (N.D. Tex. consolidated brief in response to motion for stay and preliminary injunction, filed May 29, 2024)]   MORE >>

"[1] Mistaking an ISO grant for guaranteed ISO treatment.... [2] Making grants to entities under a stock plan.... [3] Skipping corporate formalities to save money (it won't).... [4] Forgetting about Section 83(b) elections.... [5] Putting off equity grants until 'later' (later can be expensive)."  MORE >>