Faegre Drinker attorneys Fred Reish and Brad Campbell provide concise updates on current trends and developments in ERISA in their quick-hit series. This latest episode focuses on the Department of Labor's priorities for investigations in 2025. This series offers a high-level overview of important topics within the ERISA realm.
The retirement industry is exploring the integration of artificial intelligence to enhance functionality, as discussed in the latest Cerulli Edge -- U.S. Retirement Edition. Some AI applications are already being used in defined contribution plan management, with the potential to improve back-office operations. Adam Barnett, a senior analyst, emphasizes that asset managers and recordkeepers can significantly benefit from implementing AI in day-to-day tasks, such as enhancing legal document summaries and beneficiary designations.
The effective date of the DOL's updated definition of fiduciary advice and amendments to PTE 2020-02 is currently stayed due to ongoing lawsuits. However, advisers may still be deemed fiduciaries under the existing DOL fiduciary rule when making rollover recommendations, which requires compliance with the current PTE and adherence to a best-interest process. This article also outlines the similarities between the best interest process mandated by the SEC for rollover recommendations and the DOL's requirements. The article originally appeared in the Autumn 2024 newsletter of the Journal of Pension Benefits.
Plan sponsors and administrators have long faced challenges in managing accounts belonging to participants who left employment years ago and are now unlocatable, often referred to as "missing participants." Despite their efforts, many plans still hold accounts for these individuals. On January 14, 2025, the DOL released Field Assistance Bulletin 2025-01, which permits sponsors and administrators of ongoing defined contribution plans to transfer unclaimed small accounts to the state unclaimed property fund corresponding to the participant's last known address, as long as certain conditions are met.
The Plan Sponsor Council of America has been monitoring interest in the optional provisions of the SECURE 2.0 Act. Among these, the employee match provision linking 401k contributions to student loan payments has garnered significant media attention. However, actual interest and adoption by plan sponsors have been minimal and appear to be declining. PSCA continues to report on which provisions are being implemented by plan sponsors and which are being deferred.
Another national employer's 401k plan has been sued for a fiduciary breach concerning the misuse of employee retirement plan assets. The lawsuit, filed by participant-plaintiff Daniel J. Wright, alleges that JPMorgan Chase & Co. and JPMorgan Chase Bank improperly used forfeited plan assets to meet their employer contribution obligations instead of benefiting the plan participants, violating ERISA and their fiduciary duties.
In fiscal year 2024, the Department of Labor's Employee Benefits Security Administration facilitated recoveries exceeding $1 billion for benefit plans, participants, and beneficiaries. EBSA oversees over 800,000 private-sector pension plans, which are part of a larger system protecting 156 million workers, retirees, and dependents in the U.S. The plans under EBSA's oversight, covered by ERISA, collectively hold approximately $14 trillion in assets.
A federal judge, after a detailed four-day bench trial involving multiple witnesses and extensive evidence, has concluded that plan fiduciaries can breach their duty of loyalty to plan participants even when they follow a prudent process. This decision, discussed by Nevin Adams and Fred Reish in this Podcast, indicates a significant legal nuance where meeting procedural prudence does not absolve fiduciaries from their loyalty obligations. The implications of this ruling are critical for retirement plan fiduciaries, as it suggests that merely adhering to prudent practices may not be sufficient to protect them from potential liability regarding loyalty to participants.
To subscribe to our free weekly newsletter, enter your email address below then click the "Join" button.
NOTE: WE DO NOT SELL YOUR DATA OR EMAIL ADDRESS TO ANY ORGANIZATION.
Collected Wisdom™
Our researchers look for what they think are some of the better resources available to assist you in administering your plan or helping your clients. We group these resources in our COLLECTED WISDOM™ topics to make it easy for you to locate the information you need. Each item in a category contains a summary and date of when it was placed in the group.
We also maintain some older material in these collections for perspective and context.
