"The order directs the Treasury Department to establish the website by January 1, 2027, and to list financial organizations that offer IRAs, that accept the Saver's Match contribution, and that meet other criteria. These organizations must offer IRAs that [1] Provide a menu of investment options that includes either investment fund products or funds that are designed to protect principal;. [2] Maintain low administrative costs, with overall expenses limited to .15%; and [3] Do not impose minimum-contribution or balance requirements. Based on the executive order, most depository financial institutions would not be listed on the new website."  MORE >>

"Two areas of the regulation raise questions that would benefit from additional guidance. First, does maximum discretion to choose investments mean that prudent fiduciaries could select an ESG fund, as the best fit for their plan participants' risk preferences? ... Second, what does it mean to establish an investment menu that allows participants to maximize risk-adjusted returns across their portfolios?"  MORE >>

"[A] district court in California awarded summary judgment to Intel, ruling that ERISA does not impose a reasonableness requirement on actuarial assumptions used to calculate retirement benefits. This ruling comes on the heels of a recent appellate court decision that reached the opposite conclusion -- but that court has recently indicated it may reconsider the ruling." [Berkeley v. Intel Corp., No. 23-0343 (N.D. Cal. April 8, 2026)]  MORE >>

"President Donald Trump's April 30 Executive Order establishing TrumpIRA.gov and expanding access to retirement savings has quickly drawn a largely supportive reaction across the retirement industry ... [This article provides] a roundup of 12 statements received ... highlighting both optimism about the potential to expand access -- particularly through alignment with the Saver's Match -- and caution about execution, standardization, and the need for legislative follow-through."  MORE >>

"Currently, about half of plan sponsors have adopted at least one of the distribution provisions while 37 percent have adopted the natural disaster provision and 30 percent have adopted the domestic violence provision. We also asked why they are or are not adding these provisions and the answers range from 401(k) administration is complicated enough as it is, concerns about abuse, to participants requesting them. One employer added four but limited use to three per year, which is an interesting way to balance the flexibility in offering options with limiting abuse and leakage."  MORE >>

"Taken at face value, [FAB 2026-01] should end efforts by the DOL to try and hold ESOP trustees liable if the DOL disagrees with subjective valuation determinations made by the trustees' independent valuation advisors.... ERISA permits an ESOP trustee to cause an ESOP stock transaction if the transaction is for 'fair market value as determined in good faith' by the trustee. As so many courts have held, this standard is not a valuation standard, it is primarily a standard of conduct.... There are, however, uncertainties that remain."  MORE >>

"PRC made numerous recommendations to strengthen the proposed rule to provide greater consumer protections [including] ... Complete and release a study, also mandated by SECURE 2.0, that would study the 'effectiveness' of current electronic delivery regimes and report on the 'rate at which participants and beneficiaries are receiving, accessing, understanding and retaining disclosures.' Once the study is completed and sent to Congress, rethink the safe harbors and to consider combining them into a single set of rules that ensure that the greatest number of participants receive, review and retain their disclosures"  MORE >>

"Over the past few years, plan sponsors, services providers, and trade associations have been increasingly vocal about issues with EBSA's enforcement. FAB 2026-01 appears designed to address many of the key concerns, including the length of time of investigations and attempts to regulate through enforcement. This represents a fundamental shift in DOL's relationship with the regulated community, though the ultimate impact will depend, in large part, on how it is implemented by the DOL regional offices."  MORE >>