DOL

The Office of Management and Budget has received a proposed rule from the Department of Labor (DOL) titled "Requirement to Provide Paper Statements in Certain Cases-Amendments to Electronic Disclosure Safe Harbors”, pursuant to the requirements of the SECURE 2.0 Act.

The Department of Labor (DOL) has issued Advisory Opinion 2025-04A, addressing how a lifetime income investment may satisfy the requirements to be a qualified default investment alternative (QDIA) in a defined contribution plan under the Employee Retirement Income Security Act (ERISA).

The Senate has confirmed Daniel Aronowitz as Assistant Secretary of Labor for the Employee Benefits Security Administration (EBSA) as part of a slate of nominees by a 51 to 47 vote. Mr. Aronowitz was nominated by President Trump on February 11, 2025.

The House Education and Workforce Committee has advanced several retirement bills following a markup. According to a press release, the following proposals were passed by the committee.

• H.R. 2958, the “Balancing the Scales Act” sponsored by Rep. Michael Rulli (R-OH).
• H.R. 2869, the “EBSA Investigations Transparency Act”, sponsored by Rep. Lisa McClain (R-MI).
• H.R. 5169, the “Retire through Ownership Act”, authored by Rep. Rick Allen (R-GA).

Representatives Ron Estes (R-KS), and Seth Magaziner (D-RI), have introduced H.R. 5325, the Unclaimed Retirement Rescue Plan to direct the Department of Labor to issue regulations allowing transfers of unclaimed retirement distributions to state unclaimed property funds.

The Pension Benefit Guarantee Corporation (PBGC) has issued a final rule providing minor clarifications and improvements to several miscellaneous provisions.

President Trump has issued an Executive Order aimed at increasing access to alternative investments for 401(k) and other defined contribution plans. According to a fact sheet, the order directs the Department of Labor—in consultation with the Secretary of Treasury and the Securities Exchange Commission (SEC)—to reexamine guidance and clarify a fiduciary’s duties and appropriate processes regarding alternative investments in ERISA-governed defined contribution plans. 

The Department of Labor (DOL) filed an amicus (friend of the court) brief in a case (Hutchins v. HP Inc.) that claimed the employer breached its fiduciary duty to the plan by electing to use forfeitures to fund mandatory employer contributions rather than offset administrative expenses borne by participants. 

The Department of Labor (DOL) has announced the launch of its opinion letter program.

A notice of availability and request for comments on DOL information collection activities has left the Office of Management and Budget.