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[Official Guidance]
Text of IRS Proposed Regs and Hearing Notice: Automatic Enrollment Requirements under Section 414A
62 pages. "This document sets forth proposed regulations that would provide guidance with respect to the automatic enrollment requirements that apply to certain retirement plans.... A public hearing on this proposed regulation has been scheduled for April 8, 2025 ...
"Background: This notice of proposed rulemaking sets forth a proposed regulation under section 414A of the Code ... which was added to the Code by section 101 of the SECURE 2.0 Act, [and] provides that certain retirement plans must automatically enroll employees.
... [T]his notice of proposed rulemaking sets forth proposed amendments to the regulations under section 414(w) ... [which] would reflect the application of section 414A and the exception to the notice requirements for unenrolled participants set forth in section 414(bb), as added to the Code by section 320 of the SECURE 2.0 Act. The proposed amendments to Section 1.414(w)-1 also would address section 402A(e)(5)(C) of the Code ... as well as section 341 of the SECURE 2.0 Act ...
[which] permit the consolidation of certain notices required under the Code and ERISA." MORE >>
Internal Revenue Service [IRS]
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District Court Opinion: American Airlines Breached ERISA Fiduciary Duty by Allowing ESG Objectives to Influence Management of Plan Investments (PDF)
70 pages. "Based on the factual findings ... the Court concludes that Defendants acted disloyally by failing to keep American's own corporate interests separate from their fiduciary responsibilities, resulting in impermissible cross-pollination of interests and influence
on the management of the Plan. The most obvious manifestation of this is found in American's relationship with BlackRock. Because of American's corporate goals and as a complement to them, Defendants did not sufficiently monitor, evaluate, and address the potential impact of BlackRock's non-pecuniary ESG investing. Together, the influences of these non-Plan interests constituted a breach of loyalty, allowing BlackRock to engage
in ESG-oriented proxy voting and investment strategies using Plan assets." [Spence v. Am. Airlines, Inc., No. 23-0552 (N.D. Tex. Jan. 10, 2025)] MORE >>
U.S. District Court for the Northern District of Texas
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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