January 2025

US. DOL Issues New Guidance Streamlining the Voluntary Fiduciary Correction Program

Seyfarth Synopsis: The Department of Labor (DOL) has issued a much awaited amendment to its Voluntary Fiduciary Correction Program (VFC Program). Notably, the amendment adds a self-correction feature for the delinquent transmittal of participant contributions and loan repayments under certain circumstances. This self-correction program allows plan fiduciaries, including plan sponsors, to correct these types of transactions without the additional hassle and expense of formally submitting an application with the DOL’s Employee Benefits Security Administration (EBSA) for approval and relief. Background The...

US. More than 4 in 5 retirement plans have at least one regulatory ‘red flag’ violation

More than 4 in 5 workplace retirement plans in the U.S. (84%) have at least one regulatory “red flag” violation that could put them at risk of fines, legal penalties or fiduciary failure, according to consultant Abernathy Daley 401k Consultants. Of the nearly 765,000 defined contribution plans analyzed, 43% had at least one “regulatory infraction red flag” or RIRF, the most severe type of violation that could result in civil legal penalties, discovery leading to trial, or both, Abernathy said. RIRF...

UK. Pensions experts react to government’s DB surplus plan

Pensions experts have largely welcomed new proposals from the government to allow surplus funds in DB schemes to be invested in the wider economy. It intends to allow part of a DB fund surplus to be returned to the employer for them to invest in their core business, or bolster pension-scheme members’ benefits. However, Rachel Vahey – head of public policy at AJ Bell – said in doing so, the government is “encouraging trustees to take risks with other people’s money”. TPR...

Trump’s DEI pushback targets universities, foundations and other institutional investors

The Trump administration’s pushback against diversity, equity and inclusion is now targeting universities, foundations and public companies — a new development in the movement to dismantle DEI. President Donald Trump signed an executive order on Jan. 21 in which he calls for “Encouraging the Private Sector to End Illegal DEI Discrimination and Preferences.” That order mandates federal agencies determine which universities, foundations and corporations should be investigated for their DEI policies, among other things. Specifically, the order directs each agency to identify up...

UK. Reeves set to announce plans for DB pension surplus rule changes

Chancellor, Rachel Reeves, is expected to reveal a range of initiatives to promote economic growth later this week, including plans to make it easier for sponsors of defined benefit (DB) pension schemes to access surplus funds, Sky News has reported. According to the reports, Reeves is set to announce that she wants to change DB surplus rules to boost investment in the UK economy, with government sources suggesting that this could unlock more than £60bn of pension surpluses held in DB schemes. At...

US. Pension funds push once again for private equity transparency

Pension funds and other institutional investors are pressing private-equity firms to provide more standardized reporting on fees and investment performance, reflecting long-standing frustration over inconsistent and opaque disclosures. Citing sources familiar with the matter, the Wall Street Journal reported that the Institutional Limited Partners Association, a trade group representing pension plans such as the California Public Employees’ Retirement System and the State of Wisconsin Investment Board, recently proposed new guidelines aimed at improving transparency in the private-equity sector. According to the Journal, those guidelines...

South African ban on cryptocurrency for pensions in the crosshairs

As the value of cryptocurrencies, particularly Bitcoin, continues to rise internationally, there have been growing calls for South African pension funds to be allowed to invest in cryptocurrencies. Currently, Regulation 28, which governs where pension funds can invest, tightly restricts their investment options. Proposals suggest amending this regulation to include cryptocurrencies, which could have significant implications for the industry and investors. Farzam Ehsani, co-founder and CEO of major South African cryptocurrency exchange VALR, said South Africans deserve nothing less than to lift...

Japan to have more part-timers join employee pension program

Japan plans to have a wider range of part-time workers join the kosei nenkin employee pension program by changing some rules, sources have said. Currently, companies with 51 or more employees must have their part-time workers join the kosei nenkin program, which pays benefits on top of those paid under the basic pension program providing universal coverage. The government plans to lower the corporate size threshold to 21 employees in October 2027 and scrap it two years later. The government sees the need to...

Some British local government pension schemes object to UK pooled fund plans

 Almost a third of Britain's local government pension schemes object to UK plans to consolidate more of their assets into pooled funds, saying the plans raise the potential for poor investment returns, adviser Hymans Robertson said on Thursday. The UK government wants to increase pooling of local government assets, opens new tab to boost domestic pensions investment in British companies, including start-ups, because it sees larger pooled funds as better placed to make such investments. Under the proposals, schemes would be...

Bank of England warns billions of pounds in UK pension pots at risk

The UK's main financial regulator has told insurance companies it can foresee an "endemic risk" in using insurance cash from foreign companies to pay out pensions. In an advisory notice sent out to insurance companies last week the Bank of England said it was concerned about an increase in the growing use of a type of insurance known as funded reinsurance. Gareth Truran, executive director and Shoib Khan director, said there was a risk with this type of funding and that...