"To truly achieve the stated objectives of the Executive Order ... a safe harbor regulation ... would establish a prudent process for fiduciaries to follow when evaluating whether to offer plan participants the opportunity to invest in a professionally managed asset allocation fund that includes alternative assets as part of the fund's asset mix. ... Summary of the Executive Order ... Prior conflicting DOL guidance ... The impact of litigation on investment choice ... Intent of the Executive Order and benefits of a regulatory safe harbor ... What comes next."  MORE >>

"As plan fiduciaries are approached by their recordkeepers and investment consultants about possibly adding alternative assets to their DC plans, they will want to [1] consider the key elements of the 2020 Information Letter and the 2021 Supplement.... [2] Monitor forthcoming guidance from the DOL, SEC, and IRS ... [3] Identify experts that can help plan fiduciaries assess whether these alternative assets are right for DC plan participants ... [4] Review the current Investment Policy Statement and governance frameworks ... [5] Evaluate litigation risk."  MORE >>

"Agency guidance is needed to answer ... [1] How employers can substantiate that employees or their dependents are eligible to receive contributions for the year, and that the receiving account is indeed a Trump Account. [2] Whether employers have any obligation to confirm the employer contribution won't cause the receiving account to exceed the annual contribution limit when made. [3] Methods for performing nondiscrimination testing and correcting testing failures. [4] Whether employers are permitted to recoup erroneous contributions and how to do so."  MORE >>

"The accounts established through the program shall be portable and allow an employee to make contributions from multiple employers into a single account. An employee can do that simultaneously or separately throughout his or her lifetime."  MORE >>

"The plaintiffs in Anderson alleged that certain fiduciary defendants breached their duty of loyalty to the plan's participants when they made certain investment decisions that ultimately benefited Intel. That claim failed in the first instance because plaintiffs did not tie the fiduciaries' decisions to underlying benefits to Intel, but it also failed because ERISA does not prohibit fiduciaries who have multiple loyalties." [Anderson v. Intel Corp. Inv. Policy Comm., No. 22-16268 (9th Cir. May 22, 2025)]  MORE >>

"As a growing number of U.S. states consider or enact legislation allowing public pension funds to invest in cryptocurrency, a new report ... [urges] states to instead implement statutory prohibitions to protect retiree security.... The report highlights several critical reasons why cryptocurrency investments are deemed unsuitable for public pension portfolios."  MORE >>

"Choosing the right Independent Qualified Public Accountant (IQPA) to complete the financial statements for your Form 5500 audit is a fiduciary responsibility.... [F]iduciaries should weigh the cost of the service with multiple other factors when selecting an auditor.... It is essential to ask the auditing firm if any of their reports issued have been deemed deficient.... [P]lan sponsors should carefully review the type of opinion and the supporting schedules to confirm that everything is correct before submitting it as an attachment to the Form 5500."  MORE >>

"For sponsors and trustees of defined benefit (DB) plans ... today's market presents a rare convergence of favorable funding conditions due to equity performance and relatively higher interest rates.... While each type of plan operates under different regulatory frameworks, the current environment offers universal opportunities to strengthen funding, reduce risk and position for long-term sustainability."  MORE >>

"Registered index-linked annuities (RILAs) -- now accounting for more than half of variable annuity sales nationally -- remain the industry's darling. Seventy-seven percent of survey respondents cited RILAs as a top product development focus, with growing interest in customizable crediting strategies and managed volatility indices."  MORE >>

" 'The federal government should not be making retirement investment decisions for hardworking Americans, including decisions regarding alternative assets,' Secretary Chavez-DeRemer said. 'The [DOL] already took action to rescind the Biden Administration's guidance that disadvantaged crypto investments. This Executive Order further supports our efforts to improve flexibility and eliminate unfair one-size-fits-all approaches, and I applaud President Trump for taking decisive action.' "  MORE >>

"Licensure is a critical cog in a system which has provided financial and retirement security for millions of Americans for generations ... The raw power and impact of $5.7 trillion in accumulated assets and their proper management cannot be ignored by the industry, especially given the likelihood that, ultimately, millions of ERISA plan participants may well be relying upon this massive pool for their retirement security. Successfully regulated capital is critical to retirement security in the U.S., and is a matter to which the non-insurance industry's serious attention cannot long be avoided."  MORE >>