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323 Matching News Items

1.  FredReish.com Link to more items from this source
Nov. 10, 2025
"This article begins a series about the part of the guidance that was an RFI, where the DOL is soliciting information that would be helpful for future guidance."
2.  FredReish.com Link to more items from this source
Oct. 27, 2025
"[T]he top issue is the monitoring of the PPP. Does it have the knowledge, experience and skill to properly manage a PEP? Is the PPP doing a good job of managing the PEP? Are there problems? Are there complaints? Is the PPP a stable business organization that will be able to manage the plan many years into the future? Does the PPP have the financial wherewithal to stand behind any claims that may be filed against the PEP?"
3.  FredReish.com Link to more items from this source
Oct. 21, 2025
"[W]here the PPP appoints the investment manager, the PPP is the fiduciary responsible for the selection and monitoring of the 3(38) investment manager. However, the law says that adopting employers are responsible determining if the 'named fiduciaries' are prudent choices for its participating employees.... That raises the question of the scope of the fiduciary duty of adopting employers related to the investment manager -- since the adopting employers cannot remove and replace an investment manager selected by the PPP."
4.  FredReish.com Link to more items from this source
Oct. 14, 2025
"The [pooled plan provider (PPP)] is the primary, and ultimate, fiduciary for running the PEP.... [T]he PPP needs to be qualified and that takes years of industry experience. In addition, employers should consider doing a litigation search about the PPP. A history of lawsuits can be a bad sign and should be investigated. "
5.  FredReish.com Link to more items from this source
Sept. 29, 2025
"The DOL has issued guidance about PEPs -- pooled employer plans -- that  ... includes some interesting information about the development of PEPs.... It is clear that PEPs are appealing to some employers. ... [T]he key will be whether a PEP has distribution and as a part of that, a clear understanding of the services and compensation of the advisors who recommend the PEPs."
6.  FredReish.com Link to more items from this source
Sept. 22, 2025
"[T]he Information Letter only discussed the inclusion of private equity in asset allocation funds in 401(k) plans. The DOL’s letter explicitly said that it was not talking about standalone private equity investments. Second, the conclusion said, in effect, that ERISA does not prohibit any investment; instead, it places the burden on fiduciaries to determine if they are prudent for retirement investing by the covered workers."
7.  FredReish.com Link to more items from this source
Sept. 15, 2025
"This article focuses on the DOL's guidance in a 2020 Information Letter ... on the inclusion of private equity in 401(k) plans. The discussion in that Information Letter ... is foundational for any guidance that will be issued by the DOL in response to [Executive Order 14330]."
8.  FredReish.com Link to more items from this source
Sept. 8, 2025
"[If] the DOL attempts to provide a fiduciary 'safe harbor' for selecting alternative assets, that safe harbor would likely be set aside by the courts. On the other hand, the DOL could express its views on what a prudent process might look like and perhaps even provide a checklist as a tool. But it would be unrealistic to expect the DOL to provide guidance or a regulation that specifies steps that would lead to automatically deemed fiduciary compliance."
9.  FredReish.com Link to more items from this source
Aug. 26, 2025
"This article about the Executive Order on Alternative Assets was written by ChatGPT. [Mr. Reish[ thought it would be interesting to see what it, with its infinite database, had to say about the EO.... [His] prompt to ChatGPT was: Please summarize the EO, explain its significance, predict what will happen, discuss the possible problems and benefits."
10.  FredReish.com Link to more items from this source
July 23, 2025
"The recent Supreme Court decision ... held that the burden of proof for determining whether the conditions of 408(b)(2) were satisfied [is] on the plan fiduciaries, meaning that plaintiffs' attorneys can simply allege that the fiduciaries hired service providers and then the fiduciaries must prove that they satisfied the conditions of the exemption." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)]
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