DOL

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.

The Department of Labor (DOL) provides an alternative method of compliance with the rules for reporting and disclosing information under Title I of ERISA for special retirement plans set up for a select group of highly compensated employees (e.g., top hat plans).

The Secretary of Labor, Lori Chavez-DeRemer has announced that the Department of Labor (DOL) has rescinded a 2022 compliance release that discouraged fiduciaries from including cryptocurrency options in 401(k) retirement plans.

Representative Rick Allen (R-GA) has introduced H.R. 2988, the Protecting Prudent Investment of Retirement Savings Act. According to a press release, the bill seeks to codify that those who manage other people’s retirement savings under ERISA must prioritize maximizing returns for a secure retirement rather than political or social impact using environmental, social, and governance (ESG) factors.

The Department of Labor has issued Field Assistance Bulletin (FAB) 2025-02 and accompanying single employer and multiemployer model notices updating notice requirements for defined benefit plans pursuant to Section 343 of SECURE 2.0. FAB 2025-02 uses a Q&A format to explain the methods that single employer defined benefit pension plans use to measure the value of assets, value of liabilities, and funding level.

The Senate on Monday confirmed former Representative Lori Chavez-DeRemer to lead the Department of Labor (DOL) by a vote of 67-32. Chavez-DeRemer will be responsible for overseeing the DOL and fulfilling the Trump administration’s agenda. She represented Oregon’s 5^th district in the House of Representatives in the 118^th Congress, developing a pro-labor record on worker’s rights and organized labor.