Retirement >> Defined Contribution/401(k) Plan Reform


Legislative — proposals, bills and analysis from 2006-present

Regulatory — administrative rules and information from U.S. offices and agencies

Judicial — current and past court cases and amicus briefs

Archive — Click to access archived items for this issue

Press Releases — Council statements and advisories to the news media

See Also — for related information

Related Links — for related links



(Items in italic are available only to Council members.)

Official Source Documents

November 20, 2015 — Small Businesses Add Value for Employees (SAVE) Act (Kind/Reichert)

January 30, 2015 — Shrinking Emergency Account Losses (SEAL) Act (S. 324)

January 17, 2015 — Retirement Security Act of 2015 (S. 266) (Collins-Nelson)

December 11, 2014 — Small Businesses Add Value for Employees (SAVE) Act (H.R. 5875)

April 22, 2014 — GAO Report: Private Pensions: Pensions Tax Incentives Update

March 12, 2014 — S. 2117 Smart Savings Act

March 11, 2014 — Smart Savings Act (H.R. 4193)

January 30, 2014 — USA Retirement Funds Act (S. 1979): Section-by-Section Summary

January 30, 2014 — USA Retirement Funds Act (S. 1979)

January 30, 2014 — USA Retirement Funds Act (S. 1979): Frequently Asked Questions

January 30, 2014 — USA Retirement Funds Act (S. 1979): One-Page Snapshot

January 30, 2014 — USA Retirement Funds Act (S. 1979): Two-Page Summary

January 29, 2014 — Retirement Security Act (S. 1970)(Collins-Nelson)

July 9, 2013 — Secure Annuities for Employee (SAFE) Retirement Act of 2013 (S. 1270)(Hatch)

July 9, 2013 — Official Summary of the Secure Annuities for Employee (SAFE) Retirement Act of 2013 (S. 1270)(Hatch)

June 12, 2013 — Lifetime Income Disclosure Act (S. 1145)

May 23, 2013 — Lifetime Income Disclosure Act (H.R. 2171)

May 22, 2013 — Retirement Plan Simplification and Enhancement Act (Neal)

May 22, 2013 — Official Summary of the Retirement Plan Simplification and Enhancement Act (Neal)

May 14, 2013 —  Student Loan Affordability Act (S. 953), including Stretch IRA Provision

March 19, 2013 — Shrinking Emergency Account Losses Act (SEAL) Act (S. 606)

March 4, 2013 — Senate Sense of the Congress Resolution Supporting Retirement Plan Tax Incentives

March 4, 2013 —  Dear Colleague Letter Soliciting Cosponsorship of Sense of the Senate Resolution Supporting Retirement Plan Tax Incentives

February 26, 2013 — Savings for American Families' Future Act (H.R. 837)(Neal)

January 1, 2013 — American Taxpayer Relief Act (H.R. 8)

January 1, 2013 — Official Summary of the American Taxpayer Relief Act (H.R. 8)

April 24, 2012 — GAO Report: 401(K) PLANS: Increased Educational Outreach and Broader Oversight May Help Reduce Plan Fees

April 17, 2012 — Joint Committee on Taxation Report: Present Law and Background Relating to the Tax Treatment of Retirement Savings

March 22, 2012 — GAO Report: Defined Contribution Plans: Approaches in Other Countries Offer Beneficial Strategies in Several Areas

February 17, 2012 — House Resolution 101 Supporting Tax Incentives for Retirement Plans (Neal/Gerlach)

February 16, 2012 — Retirement Plan Simplification and Enhancement Act (H.R. 4050) (Neal)

February 7, 2012 — Joint Tax Committee Description of the Senate Finance Committee Chairman’s Modification to the Proposals of the Highway Investment, Job Creation and Economic Growth Act

December 13, 2011 — Retirement Savings Security Act (H.R. 3656)

November 1, 2011 — Savings Enhancement by Alleviating Leakage in 401(k) Savings (SEAL) Act (H.R. 3287)(Johnson/Neal)

May 26, 2011 —  Savings Enhancement by Alleviating Leakage in 401(k) Savings (SEAL) Act (S. 1121)(Kohl/Enzi)

March 16, 2011 — GAO Report, 401(k) Plans: Certain Investment Options and Practices That May Restrict Withdrawals Not Widely Understood

February 2, 2011 —  Lifetime Income Disclosure Act (Bingaman/Isakson/Kohl)

February 2, 2011 — Official Summary of Lifetime Income Disclosure Act (Bingaman/Isakson/Kohl)

Council Materials

January 28, 2016 — Council Statement for the Senate Finance Committee Hearing Record: Helping Americans Prepare for Retirement: Increasing Access, Participation and Coverage in Retirement Savings Plans

March 30, 2015 — Council Letter of Support for the Shrinking Emergency Account Losses Act (SEAL) Act (S. 324)

January 30, 2015 — Summary of Retirement Security Act (S. 266/H.R. 557) (Prepared by Kent Mason, Davis & Harman LLP)

December 11, 2014 — Summary of Leading Proposals to Expand Retirement Coverage (Prepared by Davis & Harman, LLP)

September 16, 2014 — Council Submission on the Senate Finance Committee Hearing "Retirement Savings 2.0: Updating Savings Policy for the Modern Economy"

March 27, 2014 — Capitol Hill Briefing Presentations: Tax Incentives for Retirement Plans

January 29, 2014 — Council Letter of Support for Retirement Security Act (Collins-Nelson)

January 28, 2014 — Council Letter of Support for Buchanan-Kind Retirement Security Legislation (H.R. 557)

January 21, 2014 — Council Letter of Support for Nelson-Collins Retirement Security Legislation (S. 266)

July 8, 2013 — Council Letter of Support for the Secure Annuities for Employee (SAFE) Retirement Act of 2013 (S. 1270)

April 15, 2013 — Council Statement to the Pension/Retirement Tax Reform Working Group of the House Ways and Means Committee

April 11, 2013 — 401(k) Fast Facts

April 3, 2013 — Letter of Support for the Shrinking Emergency Account Losses Act (SEAL) Act (S. 606)

March 18, 2013 — Group Letter of Support for Senate Sense of the Congress Resolution Supporting Retirement Plan Tax Incentives

January 2, 2013 — BENEFITS BLUEPRINT: A New Roth Conversion Opportunity (Prepared by Kent Mason, Davis & Harman LLP)

December 30, 2012 — Important Issues to Consider Regarding Taxation of Retirement Contributions and Benefits

December 6, 2012 — Benefits Briefing Presentation Slides: Defined Contribution Plan Issues - the Fiscal Cliff and Beyond (Kent Mason, Davis & Harman)

December 3, 2012 — Council Talking Points: Proposed Double Taxation of Retirement Plan Benefits Would Jeopardize Retirement Security

November 6, 2012 — Council Talking Points: 20/20 Cap on Retirement Savings Would Undermine Retirement Security

October 8, 2012 — Defined Contribution Plans & IRAs: Existing Tax Incentives Effectively and Efficiently Increase Retirement Savings

September 4, 2012 — Group Letter to House of Representatives Urging Cosponsorship of H.R. 3287

April 17, 2012 — Group Paper Urging House Ways and Means Committee to Preserve Employer-Provided Retirement System

April 17, 2012 — Randy Hardock Testimony on Behalf of Council Regarding Tax Treatment of Retirement Plans Before the House Ways and Means Committee

February 8, 2012 — Council Summary of the Proposed Changes to the After-Death Minimum Required Distribution Rules in the Highway Investment, Job Creation and Economic Growth Act (Prepared by Davis & Harman LLP)

January 30, 2012 —  Background on The Retirement Savings Security Act (H.R. 3656): Why 401(k) Plan Loans Do Not Need Credit Insurance

November 14, 2011 — Council Letter of Support for the SEAL Act (H.R. 3287)

September 15, 2011 — Council/ACLI Submission for the Senate Finance Committee Hearing on Tax Reform Options: Promoting Retirement Security

February 3, 2011 — Council Summary of Senate HELP Committee Hearing on Retirement Savings

Official Source Documents

January 29, 2016 — IRS Notice 2016-16: Mid-Year Changes to Safe Harbor Plans and Safe Harbor Notices

November 4, 2015 — ERISA Advisory Council 2015 Recommendations to DOL

November 4, 2015 — ERISA Advisory Council Sponsor Tip Sheet and Sample Communications

September 4, 2015 — GAO Report: 401(K) PLANS: Clearer Regulations Could Help Plan Sponsors Choose Investments for Participants

July 13, 2015 — DOL FAB 2015-02 Regarding Selection, Monitoring under Annuity Selection Safe Harbor Regulation for DC Plans

May 14, 2015 — GAO Summary of Findings on Frequent Trading in 401(k) Plans

March 19, 2015 — DOL/EBSA Direct Final Regulations on Fiduciary Requirements for Disclosure in Participant-Directed Individual Account Plans — Timing of Annual Disclosure

March 19, 2015 — DOL/EBSA Proposed Regulations on Fiduciary Requirements for Disclosure in Participant-Directed Individual Account Plans — Timing of Annual Disclosure

December 22, 2014 — GAO Report: 401(k) Plans: Greater Protections Needed for Forced Transfers and Inactive Accounts

December 5, 2014 — DOL ICR on Effectiveness of 408(b)(2) Fee Disclosure Requirements

November 24, 2014 — PBGC Final Regulations on Title IV Treatment of Rollovers from Defined Contribution Plans to Defined Benefit Plans

October 24, 2014 — IRS Notice 2014-66: Lifetime Income Provided Through Target Date Funds in Section 401(k) Plans and Other Qualified Defined Contribution Plans

October 23, 2014 — EBSA Letter to Treasury Regarding Target Date Funds as QDIAs

August 21, 2014 — DOL RFI on Use of Brokerage Windows in 401(k) Plans

August 14, 2014 — DOL Guidance on Finding Lost Participants in Terminated DC Plans

July 29, 2014 — GAO Report: 401(k) Plans: Improvements Can Be Made to Better Protect Participants in Managed Accounts

July 28, 2014 — SEC (Re-)Proposed Regulations on Removal of Certain References to Credit Ratings and Amendment to the Issuer Diversification Requirement in the Money Market Fund Rule

July 28, 2014 — IRS Proposed Method of Accounting for Gains and Losses on Shares in Certain Money Market Funds; Broker Returns with Respect to Sales of Shares in Money Market Funds

July 24, 2014 — SEC Final Regulations on Money Market Fund Reform; Amendments to Form PF

July 23, 2014 — IRS Revenue Procedure 2014-45: SEC Rules on Money Market Fund Pricing

July 23, 2014 — SEC Notice of Proposed Exemptive Order: Notice Of Proposed Exemptive Order Granting Permanent Exemptions Under The Securities Exchange Act of 1934 from the Confirmation Requirements of Exchange Act Rule 10b-10 for Certain Money Market Funds

July 15, 2014 — IRS Information Collection Request Regarding Safe Harbor 401(k) Contributions

June 3, 2014 — DOL/EBSA Proposed Regulations and Reopening of Comment Period on Target Date Fund Disclosure

April 9, 2014 — SEC Proposed Regulations and Request for Comment on Investment Company Advertising: Target Date Retirement Fund Names and Marketing

April 2, 2014 — PBGC Proposed Regulations on Title IV Treatment of Rollovers from Defined Contribution Plans to Defined Benefit Plans

March 25, 2014 — IRS Announcement 2014-16: Issuance of Opinion and Advisory Letters for Pre-approved Defined Contribution Plans for the Second Six-Year Cycle, Deadline for Employer Adoption, and Opening of Determination Letter Program for Pre-approved Plan Adopters

March 25, 2014 — IRS Revenue Procedure 2014-28: Opinion & Advisory Letters for Pre-Approved 403(b) Plans

March 12, 2014 — EBSA Proposed Regulations on Fee Disclosure/Reasonable Contract or Arrangement Under Section 408(b)(2) (Guide for Fiduciaries)

March 12, 2014 — EBSA Fact Sheet on Proposed Regulations on Fee Disclosure/Reasonable Contract or Arrangement Under Section 408(b)(2) (Guide for Fiduciaries)

March 12, 2014 — EBSA Information Collection Request Regarding Effectiveness of Section 408(b)(2) Regulations

December 31, 2013 — FINRA Regulatory Notice 2013-45: Rollovers to Individual Retirement Accounts

November 14, 2013 — Final Regulations on Reduction or Suspension of 401(k)/401(m) Safe Harbor Contributions

July 22, 2013 — DOL Field Assistance Bulletin 2013-02: Required Annual Fee Disclosure

June 21, 2013 — PBGC Request for Information on Missing Participants in Individual Account Plans

June 5, 2013 — SEC Proposed Regulations on Money Market Fund Reform

June 5, 2013 — SEC Fact Sheet on Money Market Fund Reform Issues

May 7, 2013 —  EBSA Advanced Notice of Proposed Rulemaking on Pension Benefit Statements

April 11, 2013 — SEC Investor Advisory Committee Investor-as-Purchaser Subcommittee Recommendations on Target Date Funds

April 3, 2013 — GAO Report: 401(K) PLANS: Labor and IRS Could Improve the Rollover Process for Participants

March 28, 2013 — IRS Revenue Procedure 2013-22: Opinion and Advisory Letter Procedures for Pre-Approved 403(b) plans

February 28, 2013 — DOL/EBSA Tips for Plan Fiduciaries: Target Date Retirement Funds

July 30, 2012 — REVISED DOL Field Assistance Bulletin 2012-02: Questions and Answers on Participant-Level Fee Disclosure Regulations (Including Q&A No. 30 Modification)

July 24, 2012 — Letter from Senator John Kerry to DOL Secretary Hilda Solis Regarding FAB 2012-02 Q&A No. 30

May 24, 2012 — DOL/EBSA Proposed Regulations and Re-opening of Comment Period on Target Date Disclosure

May 7, 2012 — DOL Field Assistance Bulletin 2012-02: Questions and Answers on Participant-Level Fee Disclosure Regulations

April 4, 2012 —  SEC Proposed Rule on Target Date Retirement Fund Names and Marketing

February 15, 2012 — Siegel+Gale/SEC Study: Investor Testing of Target Date Retirement Fund(TDF) Comprehension and Communications

February 15, 2012 — Siegel and Gale/SEC Study: Investor Testing of Target Date Retirement Fund(TDF) Comprehension and Communications

February 2, 2012 — DOL/EBSA Final Regulations on Defined Contribution Plan Fiduciary-Service Provider (408(b)(2)) Fee Disclosure

February 2, 2012 — DOL/EBSA Fact Sheet on Final Regulations on Defined Contribution Plan Fiduciary-Service Provider (408(b)(2)) Fee Disclosure

February 2, 2012 — DOL/EBSA List of Changes in Final Regulations on Defined Contribution Plan Fiduciary-Service Provider (408(b)(2)) Fee Disclosure

November 8, 2011 — IRS Advance Notice of Proposed Rule Regarding Determination of Governmental Plan Status

October 28, 2011 — SEC No-Action Letter on Defined Contribution Plan Fee Disclosure Requirements

September 13, 2011 — DOL Technical Release 2011-03, Interim Policy on Electronic Disclosure of 401(k) Plan Fees

September 13, 2011 — DOL/EBSA Presentation: Participant Disclosure of 401(k) Plan Fees

July 13, 2011 — DOL Final Extension of Applicability Dates for Final Regulations on Defined Contribution Plan Participant Fee Disclosure

May 31, 2011 — DOL Proposed Extension of Applicability Dates for Fee Disclosure Regulations

February 11, 2011 — DOL News Release Delaying Applicability Date of 408(b)(2) Regulations

Council Materials

December 18, 2015 — Highlights from the Obama Administration’s October 2015 Regulatory Agendas and IRS Priority Guidance Plan

May 1, 2015 — Council/SPARK Institute Letter to IRS Regarding Guidance on Hardship Distributions & Plan Loans

January 5, 2015 — Group Letter to OMB Regarding 408(b)(2) Regulatory Project

November 19, 2014 — Council Comments to DOL/EBSA Regarding Use of Brokerage Windows in 401(k) Plans

October 15, 2014 — Group Letter to EBSA Regarding Annual Window for Fee Disclosures in Participant-Directed Individual Account Plans

September 12, 2014 — Council Letter to IRS Concerning Suspension or Reduction of Safe Harbor Nonelective Contributions

September 4, 2014 — Benefits Briefing Webinar Presentation Slides: Money Market Fund Guidance & Regulations (Michael Hadley, Davis & Harman LLP & Bob Holcomb, Great-West Financial)

September 3, 2014 — BENEFITS BLUEPRINT: SEC Adopts Money Market Reforms (Prepared by Michael Hadley, Davis & Harman LLP)

July 3, 2014 — Council Comments to DOL/EBSA Regarding Target Date Fund Proposal

June 10, 2014 — Council Comments to DOL/EBSA Regarding Proposed Regulations on Fee Disclosure/Reasonable Contract or Arrangement Under Section 408(b)(2) (Guide for Fiduciaries)

January 17, 2014 — Proposed New Automatic Enrollment Safe Harbor

October 9, 2013 — Benefits Law Briefing Presentation Slides: Hot Topics for 401(k) Plan Sponsors (David Godofsky, Alston & Bird)

August 20, 2013 — Council Letter Responding to PBGC Request for Information on Missing Participants in Individual Account Plans

August 7, 2013 — Council Comment Letter to EBSA Regarding ANPRM on Pension Benefit Statements

July 26, 2013 — Benefits Briefing Webinar Presentation Slides: Benefit Statements Proposed Regulations Part II

May 30, 2013 — Benefits Briefing Webinar Presentation Slides: Benefit Statements Proposed Regulations

March 13, 2013 — Council Letter to Treasury/IRS Requesting Guidance for In-Plan Roth Conversions under Section 902 of ATRA

March 13, 2013 — Areas of Needed Guidance Regarding In-Plan Roth Conversions under Section 902 of ATRA

August 21, 2012 — Group Letter to SEC Regarding Regulation of Money Market Funds

July 14, 2012 — Council Letter to Assistant DOL Secretary for EBSA Phyllis Borzi Regarding FAB 2012-02 Q&A No. 30

July 12, 2012 — Issue Summary: Brokerage Window Rule Issued by DOL Immediately and Effectively Establishes New Law in Violation of Legally Required Notice & Comment Rules: Withdrawal of the Rule Needed As Soon As Possible

June 25, 2012 — Group Letter to Assistant Labor Secretary for EBSA Phyllis Borzi Regarding FAB 2012-02 Q&A No. 30

June 21, 2012 — Benefits Briefing Presentation Slides: Retirement Plan Fee Disclosure Guidance & FAB 2012-02 (Kent Mason & Michael Hadley, Davis & Harman)

June 19, 2012 — Council Letter to SEC Regarding Regulation of Money Market Funds

June 15, 2012 — Council Letter on IRS Advance Notice of Proposed Rule on Determination of Government Plan Status

June 15, 2012 — Council letter to DOL on Q&A 30 of Field Assistance Bulletin 2012-02

June 13, 2012 — Testimony of Allison Klausner (Honeywell) on Behalf of the American Benefits Council before the ERISA Advisory Council Working Group on Examining Income Replacement During Retirement in a Defined Contribution Plan System

May 15, 2012 — Council Summary: New Issues Raised Regarding Brokerage Windows and Similar Arrangements (Prepared by Kent Mason of Davis & Harman LLP)

April 25, 2012 — Sample Glossary Of Investment-Related Terms For Disclosures To Retirement Plan Participants (Version 1.01)

March 27, 2012 — Council Background and Proposal Regarding Participant and Service Provider Fee Disclosure Guidance

March 22, 2012 — Benefits Briefing Presentation Slides: 408(b)(2) Fee Regulations

January 19, 2012 — Council Letter to DOL Requesting Extension of Fee Disclosure Rules

June 15, 2011 — Council Comments to DOL Regarding Proposed Extension of Applicability Dates for Fee Disclosure Regulations

January 13, 2011 — Council Comment Letter to DOL Regarding Target Date Funds

Council Materials

October 5, 2015 — Council Amicus Brief in Amgen v. Harris, U.S. Supreme Court, Petition for Cert

September 2, 2015 — Council Amicus Brief in Whitley et al v. BP, Fifth Circuit Court of Appeals

March 26, 2015 — Council Amicus Brief In re: American International Group Inc. 2008 Securities Litigation, Second Circuit Court of Appeals

August 25, 2014 — Council Amicus Brief in Tatum v. RJR Pension Investment Committee et al, Requesting En Banc Hearing by Fourth Circuit Court of Appeals

August 11, 2014 — Benefits Law Briefing Presentation Slides: ERISA Litigation & Company Stock (Theresa S. Gee, O’Melveny & Myers)

June 26, 2014 — Summary of Supreme Court Decision in Fifth Third Bancorp et al. v. Dudenhoeffer et al (Courtesy of Davis & Harman LLP)

April 25, 2014 — BENEFITS BLUEPRINT: Altered States: Managing Employer Stock Funds in the Absence of the Moench Presumption (Prepared by Theresa S. Gee, O'Melveny & Myers LLP)

February 3, 2014 — Council Amicus Brief with U.S. Supreme Court in Fifth Third Bank v. Dudenhoeffer

August 1, 2013 — Council Amicus Brief in Tatum v. RJR Pension Investment Committee et al, Fourth Circuit Court of Appeals

June 28, 2013 — Council Amicus Brief in Harris v. Amgen, Ninth Circuit Court of Appeals

February 20, 2013 — Council Amicus Brief in Abbott, et al v. Lockheed Martin Corporation, U.S. Seventh Circuit Court of Appeals

August 17, 2011 — Council Amicus Brief in Griffin & Gardner v. Flagstar, et al, U.S. Sixth Circuit Court of Appeal

May 13, 2011 — Council Amicus Brief in George et al v. Kraft, Seventh Circuit Court of Appeals

March 7, 2011 — Council amicus brief to the Sixth Circuit in the case of Raymond M. Pfeil and Michael Kammer v. State Street Bank and Trust Company

January 28, 2016 — Council urges Senate Finance Committee to build on success of employer-sponsored retirement system
September 15, 2011 — Employer-sponsored retirement plans play vital role in ensuring national, personal financial security