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Fiduciary Governance

Efforts to stop or roll back the Department of Labor’s proposed fiduciary rule will continue, according to Steve Saxon of Groom Law Group. Saxon made his remarks at the Insured Retirement Institute’s recent Government Legal Regulatory Conference in Washington, D.C.According to zinsurance, Saxon... READ MORE
The earnings that public pension plans have realized, and their holdings, have changed little since the fourth quarter of 2014. That according to the U.S. Census Bureau in its quarterly survey of public pensions during the first quarter of 2015, which it released on June 25. The survey provides... READ MORE
The direct final rule that the Department of Labor (DOL) issued on March 19 containing fiduciary requirements for disclosure in participant-directed individual account plans went into effect June 17. But the DOL has built flexibility into the rule, and has built in two additional months in which to... READ MORE
The Senate Appropriations Committee on June 25 in a 16-14 vote approved the fiscal year 2016 Labor, Health and Human Services (LHHS) funding bill, which denies funding that would enable the Department of Labor (DOL) to implement the fiduciary rule.Committee Chairman Thad Chochran (R-Miss.) hailed... READ MORE
Appropriations subcommittees on Capitol Hill — in the House and now in the Senate — have taken a shot at blocking the Labor Department’s fiduciary proposal by denying funding for the measure.House BillOn June 24, the House of Representatives’ Appropriations Committee approved a fiscal year 2016... READ MORE
The public comments the Department of Labor is receiving on its proposed fiduciary rule already are having an effect, Labor Secretary Thomas Perez said at June 23 Brookings Institution forum in Washington, D.C.Perez said that among the comments they have received are expressions of concern... READ MORE
A House bill would stop the Department of Labor’s fiduciary proposal by cutting off funding to implement the measure.The measure was included by the House Appropriations Committee in the draft fiscal year 2016 Labor, Health and Human Services funding bill, and the Labor, Health and Human Services,... READ MORE
The June 17 Health, Employment, Labor and Pensions Subcommittee hearing provided ample illustration that the debate on the Department of Labor’s (DOL) fiduciary proposal is far from over. DOL Secretary Thomas E. Perez appeared before the subcommittee of the House Education and the Workforce... READ MORE
The Department of Labor’s Employee Benefit Security Administration has announced that it will hold public hearings on the fiduciary proposal on Aug. 10, 11 and 12 — and 13, if necessary. It also has extended the period for submitting comments on the proposed rule and exceptions to July 21.The... READ MORE
The Department of Labor intends to finalize its re-proposed rule defining a fiduciary in May of next year, Groom Law Group Chairman Steve Saxon said on June 8. Saxon made his remarks at the SPARK Institute’s annual conference in Washington, D.C.That timing is fueled by political considerations.... READ MORE
For those keeping score at home, a total of 36 individuals and organizations submitted comments on the Department of Labor’s April 14 fiduciary proposal during the first month of the comment period.The DOL’s Employee Benefits Security Administration has created a “public comments” page on its... READ MORE
Will the third time be the charm? House Education and the Workforce Committee Chairman John Kline (R-Minn.) and Health, Employment, Labor and Pensions Subcommittee Chairman Phil Roe (R-Tenn.) in a June 2 letter to Labor Secretary Thomas Perez have again repeated a request for additional information... READ MORE
The Bipartisan Policy Center convened what at least one participant termed a “policy wonk throwdown” in the nation’s capital May 27. The subject? The Department of Labor’s fiduciary proposal.The actual title of the event was “Champions, Critics and Consequences of a New Fiduciary Standard,” and it... READ MORE
The recent Department of Labor (DOL) study finding deficiencies in audits of employee benefit plans does not translate to a statement about how viable those plans are, says the American Institute of CPAs (AICPA). In a May 28 statement, AICPA said that “none of the quality issues identified by the... READ MORE
Physician, heal thyself. A study the Department of Labor (DOL) did of its audits of employee benefits plans shows that the department needs to improve the quality of those audits.In fact, such audits today are more likely to be deficient than they were a decade ago. Bloomberg BNA reports that the... READ MORE
ASPPA Executive Director and CEO Brian Graff opened ASPPA’s first-ever virtual conference May 14 with a discussion of “the elephant in the room” — the Department of Labor’s (DOL) reproposal concerning the definition of who is a fiduciary.Graff noted that the proposed regulation is “mammoth,” but... READ MORE
ASPPA’s first-ever virtual conference on May 14 provided its 600+ attendees more than critical information on important issues — it also afforded them an ideal opportunity to gain the expert speakers’ insights on particular situations and matters.DOL Fiduciary RuleIt’s no surprise that the... READ MORE
Those looking for a bright line of illumination from the U.S. Supreme Court on fiduciary responsibilities in a 401(k) revenue-sharing case were likely disappointed May 18.The case, Tibble v. Edison International, argued before the nation’s High Court on Feb. 24, dealt with the application of ERISA’... READ MORE
The Department of Labor (DOL) has announced a brief extension of the comment period on its fiduciary reproposal — and has set a date for a public hearing.The comment period for what the DOL calls the Conflict of Interest Notice of Proposed Rulemaking has been extended by 15 days — from 75 to 90... READ MORE
Legislation introduced recently in the U.S. House of Representatives and the Senate would require retirement plans to include an “annuity equivalent” on participant statements.In the House, Reps. Luke Messer (R-Ind.) and Mark Pocan (D-Wisc.) introduced the Lifetime Income Disclosure Act (H.R. 2317... READ MORE

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