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Department of Labor Confirms It Will Not Enforce Controversial "Pecuniary Factors" Rule for ERISA Plan Investments | Faegre Drinker Biddle & Reath LLP


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On March 10, 2021, the Department of Labor’s Employee Benefits Security Administration (EBSA), the agency charged with interpreting and enforcing ERISA, announced that it will not enforce the Trump-era “Financial Factors in Selecting Plan Investments” rule, which has been perceived as potentially discouraging retirement plan fiduciaries from selecting investment alternatives which emphasize environmental, social, and governance factors (commonly referred to as “ESG investments”).
The rule, which was finalized in November 2020 and technically became effective on January 12, 2021, does not prohibit ESG investments.  However, it has been widely criticized as fostering a misapprehension that ESG investments may be subjected to a higher degree of fiduciary scrutiny than others.  Following the election, EBSA’s announcement of its non-enforcement policy comes as no surprise, as the Biden administration had ....

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Biden Labor Department Will Not Enforce Trump-Era ESG Rule for 401(k)s


Biden Labor Department Will Not Enforce Trump-Era ESG Rule for 401(k)s
10 Mar 2021
President Joe Biden’s Labor Department announced Wednesday that it would not enforce a Trump-era rule that barred 401(k) plans from using political considerations when investing employee funds.
The agency said it would hold off on enforcing the rule while it undertakes a review.
The rule would have barred employer-provided 401(k) managers from investing employee money in funds pursuing nonfinancial goals as default investments. It also said fund managers who place employee money in funds built around environmental, social, and corporate governance goals known as ESG funds would have to show the returns of those funds would be just as strong as funds focused solely on financial returns. ....

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Leading Retirement Firms Launch "Income America" With In-Plan Target Date Series And A Lifetime Income Guarantee


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KANSAS CITY, Mo., March 3, 2021 /PRNewswire/  A consortium of leading retirement firms that includes American Century Investments,Lincoln Financial Group, Nationwide, Prime Capital Investment Advisors, SS&C Technologies, Wilmington Trust, N.A. and Wilshire today announced the launch of a new in-plan target date series with guaranteed income for life designed to help retirement plan participants transition from the accumulation phase of retirement investing to the decumulation stage. Called Income America
TM 5ForLife, this new solution, which is designed to be used as a plan s Qualified Default Investment Alternative (QDIA), strives to address one of the most pressing issues for those at or near retirement: the need for guaranteed monthly retirement income. ....

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