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. 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 Plan Managers Split on Primary Benefit of Private Assets

As an increasing share of pension funds increase their allocations to private markets, plan managers are split on the benefit these assets have in their portfolio. Most pension fund executives also expect distributions from private equity, which have been lower in recent years, will increase over the next three years. According to a survey from Ortec Finance B.V., which interviewed pension fund executives in the U.S. about their expectations for the next three years, approximately 74% said they expect higher...

An Older America Will Be Less Prosperous, But We Don’t Have To Get Old

America is getting older. Between 1980 and 2022, the median age increased from 30 to 39. An older population will impact the country in a variety of ways, some more obvious than others. One likely yet underappreciated impact will be less entrepreneurship. A new study by Rui Zhang and Mengyao Kang published in the Journal of Regional Science finds that countries with higher shares of elderly people have fewer entrepreneurs and new businesses. The increase in America’s median age coincides...

U.S. DB pension payouts generating US$1.5 trillion in economic output: report

In 2022, U.S. retiree spending — driven by private and public sector defined benefit pension payouts — generated US$1.5 trillion in total economic output and supported 7.1 million jobs, according to a new report by the National Institute on Retirement Security. It found in addition to the impact on employment and economic activity, DB pension payouts added $224.3 billion in tax revenue at the federal, state and local levels. The report noted $680.6 billion in pension benefits were paid to 26.3...

Torsten Bell named new UK pensions minister

Torsten Bell has been appointed as the new pensions minister for the UK government in yet another quickfire change to the line-up of people responsible for this important and complex area. Bell’s appointment follows the resignation of Tulip Siddiq as Economic Secretary to the Treasury yesterday (14 January) over an anti-corruption investigation in Bangladesh. Consequently, the previous pensions minister, Emma Reynolds, was appointed as the new Treasury minister, leaving the pensions role vacant for Bell. Kate Smith, head of Pensions at Aegon...

US. IRS, Treasury Release Proposed Regulations on SECURE 2.0 Provisions

The Department of the Treasury and the Internal Revenue Service Friday issued proposed regulations for several provisions of the SECURE 2.0 Act of 2022. The first proposed regulations address the rules for new Roth catch-up contributions, beginning in 2026, as well as other catch-up contributions across different defined contribution plan types. Later Friday, Treasury and the IRS issued another set of proposed regulations for the SECURE 2.0 provision that requires newly established 401(k) and 403(b) plans to automatically enroll eligible employees beginning with...

US. What We Need to Do to Protect Retirees’ Financial Security

As Americans live longer, the challenge of safeguarding the financial well-being of older and vulnerable populations — particularly those facing cognitive decline — has grown more urgent. For retirees who have spent decades contributing to pension plans or hoping to manage their financial futures via 401(k) plans, the golden years should provide peace of mind. However, without proper protections in place, some of these people may be at risk of losing their financial security at the most vulnerable stage of life. As...

US. Time to act: The role of pension trustees in reaching net zero

Asset owners, business leaders and pensions funds collectively hold the power to put the global economy on a sustainable footing. Pension funds are in a unique position of both vulnerability and strength: susceptible to the risks of an unsustainable future, but possessing the influence to promote positive outcomes. With just five years until the Paris Agreement’s 2030 deadline for halving carbon emissions, we face the possibility that we will fail to achieve the UN’s Sustainable Development Goals (see below) and...