Retirement: Financial Reform / Swaps

Legislative — proposals, bills and analysis from the 109th and 110th Congresses (2006-present)
Regulatory — administrative rules and information from U.S. offices and agencies
Judicial — current and past court cases and amicus briefs
Press Releases — Council statements and advisories to the news media

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

Official Source Documents

September 23, 2011 — Retirement Income Protection Act (H.R. 3045)

June 23, 2011 — SEC Regulatory Accountability Act (H.R. 2308)

June 3, 2011 — 2012 Agriculture Department Spending Bill (H.R. 2112)

May 4, 2011 — Bill to Facilitate Implementation of Dodd-Frank Act (H.R. 1573), as approved by House Agriculture Committee

April 15, 2011 — Bill to Facilitate Implementation of Dodd-Frank Act (H.R. 1573)

July 21, 2010 — The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (As Enacted)

July 15, 2010 — The American Financial Stability Act (H.R. 4173) (as passed by House and Senate)

July 15, 2010 — Senate Colloquies Regarding Pension Implications of the American Financial Stability Act (H.R. 4173)

June 23, 2010 — Conference Committee House Proposed Amendment to Title VII (Derivatives Provisions) of American Financial Stability Act (H.R. 4173)

June 23, 2010 — Official Summary of the House Proposed Amendment to Title VII (Derivatives Provisions) of American Financial Stability Act (H.R. 4173)

June 22, 2010 — Conference Committee Manager's Amendment to Title X (CFPB Provisions) of American Financial Stability Act (H.R. 4173)

June 22, 2010 — Conference Committee House Proposed Amendment to Title X (CFPB Provisions) of American Financial Stability Act (H.R. 4173)

June 10, 2010 — Summary of Conference Committee Base Text of Restoring American Financial Stability Act (HR 4173)

June 10, 2010 — Conference Committee Base Text of Restoring American Financial Stability Act (HR 4173)

April 29, 2010 — Restoring American Financial Stability Act (S. 3217)

April 21, 2010 — Wall Street Transparency and Accountability Act (Lincoln)

Council Materials

November 15, 2011 — Council/CIEBA Letter of Support for H.R. 3045 and H.R. 2586

October 14, 2011 — Testimony of Kent Mason (Davis & Harman LLP) on Behalf of the American Benefits Council before the House Financial Services Capital Markets and Government Sponsored Enterprises Subcommittee Hearing on the Over-the-Counter Derivatives Market

October 12, 2011 — Testimony of Bella Sanevich (NISA Investment Advisors) on Behalf of the American Benefits Council before the House Agriculture Committee Hearing on Derivatives Provisions of the Dodd-Frank Act

February 15, 2011 — Council Testimony on Swaps Regulations Before House Agriculture Subcommittee on General Farm Commodities and Risk Management

June 11, 2010 — Employer Letter to Senate Financial Services Reform Bill Conferees Regarding Swaps

June 11, 2010 — Employer Letter to House Financial Services Reform Bill Conferees Regarding Swaps

June 11, 2010 — Action Alert Urging Congress to Change Financial Services Reform Legislation Regarding Stable Value Funds

June 11, 2010 — Stable Value Swaps Proposal

June 11, 2010 — Stable Value Swaps Proposed Language

June 4, 2010 — ACTION ALERT: Sign Letter to Members of Congress Who are Finalizing the Financial Services Reform Bill Urging Them to Exclude Senate Fiduciary Provision

May 28, 2010 — ACTION ALERT: Urge Lawmakers to Address Swaps Provisions in Financial Legislation

May 19, 2010 — Council Letter to Senate Regarding Swaps Legislation

May 14, 2010 — ACTION ALERT: Urge Senators to Fix Swaps Legislation

May 5, 2010 — Group Letter to Senate Regarding Swaps Provision of Financial Regulatory Legislation

April 21, 2010 — Council Letter to Senator Casey Regarding Swaps Legislation

April 19, 2010 — Group Letter to Senate Agriculture, Nutrition & Forestry Committee Regarding Swaps Legislation

Official Source Documents

February 7, 2013 — DOL Advisory Opinion Regarding Application of ERISA to Cleared Swaps Transactions

August 13, 2012 — CFTC/SEC Final Regulations Defining “Swap,”’ “Security-Based Swap” and “Security-Based Swap Agreement”

May 30, 2012 — CFTC Proposed Regulations on Aggregation, Position Limits for Futures and Swaps

May 23, 2012 — CFTC/SEC Final Rule/Interim Final Rule/Interpretations Providing Further Definition of "Swap Dealer," "Security-Based Swap Dealer," "Major Swap Participant," "Major Security-Based Swap Participant" and ‘"Eligible Contract Participant"

January 18, 2012 — CFTC Final Regulations on Business Conduct Standards for Swap Dealers and Major Swap Participants With Counterparties

January 17, 2012 — Phyllis Borzi/DOL-EBSA Letter to CFTC Regarding Final Regulations on Business Conduct Standards

January 11, 2012 — CFTC Questions & Answers on Final Business Conduct Standards Rules

January 11, 2012 — CFTC Fact Sheet on Final Business Conduct Standards Rules

November 18, 2011 — CFTC Final and Interim Final Regulations on Position Limits for Futures and Swaps

August 25, 2011 — CFTC/SEC Request for Comment on Study of Stable Value Contracts under Dodd-Frank

July 19, 2011 — CFTC Final Order Regarding Effective Date for Swap Regulation

July 18, 2011 — SEC Final Regulations Regarding Business Conduct Standards for Security-Based Swap Dealers and Major Security-Based Swap Participants

June 17, 2011 — CFTC Notice of Proposed Order Regarding Effective Dates for Swaps Regulations

May 11, 2011 — Prudential Regulators’ Proposed Regulations on Margin and Capital Requirements for Covered Swap Entities

April 28, 2011 — CFTC Extension of Comment Period for Dodd-Frank Implementation

April 26, 2011 — CFTC/SEC Announcement of Joint Roundtable Discussion and RFI

April 25, 2011 — CFTC Proposed Regulations on Swap Data Recordkeeping and Reporting Requirements

April 12, 2011 — CFTC Proposed Regulations on Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants

March 16, 2011 — CFTC Proposed Regulations on Clearing Agency Standards for Operation and Governance

January 7, 2011 — CFTC Proposed Regulations Regarding Core Principles and Other Requirements for Swap Execution Facilities

December 28, 2010 — CFTC Proposed Regulations on Confirmation, Portfolio Reconciliation, and Portfolio Compression Requirements for Swap Dealers and Major Swap Participants

December 23, 2010 — CFTC Proposed Regulations Regarding Swap Data Repositories

December 22, 2010 — CFTC Proposed Regulations Regarding Business Conduct Standards for Swap Dealers, Participants

December 21, 2010 — CFTC Proposed Regulations Regarding Further Swap-Related Definitions

December 9, 2010 — CFTC Proposed Regulations on Reporting, Recordkeeping, and Daily Trading Records Requirements for Swap Dealers and Major Swap Participants

December 8, 2010 — CFTC Proposed Regulations on Swap Data Recordkeeping and Reporting Requirements

December 7, 2010 — CFTC Proposed Regulations on Real-Time Reporting of Swap Transaction Data

November 2, 2010 — CFTC Proposed Rule for Process for Review of Swaps for Mandatory Clearing

November 2, 2010 — CFTC Proposed Rule for Provisions Common to Registered Entities

Council Materials
February 1, 2013 — Council Letter to DOL Regarding Needed Guidance on Treatment of Swaps Transactions under ERISA

October 31, 2012 — Council Letter to CFTC/SEC Regarding Study of Stable Value Contracts under Dodd-Frank (Second Submission)

September 14, 2012 — Group Comments on Proposed Rules Related to Margin for Uncleared Swaps

June 29, 2012 — Council Letter to CFTC Regarding Aggregation, Position Limits for Futures and Swaps

January 25, 2012 — Council Summary of CFTC Final Business Conduct Standards with Respect to ERISA Plans Under Dodd-Frank (Prepared by Davis & Harman LLP)

September 26, 2011 — Council Letter to CFTC/SEC Regarding Study of Stable Value Contracts under Dodd-Frank

August 29, 2011 — Council Comment Letter to SEC on Proposed Business Conduct Standards Regulations

June 3, 2011 — Council/CEIBA Letter to CFTC Regarding Business Conduct Standards

May 6, 2011— Council Letter to SEC Regarding Clearing Agency Standards for Operation and Governance

March 25, 2011 — Council/CIEBA Letter to NY Federal Reserve Regarding Swaps

March 8, 2011 — Council/CEIBA Letter to CFTC Regarding Core Principles and Other Requirements for Swap Execution Facilities

March 8, 2011 — Council/CEIBA letter to CFTC Regarding Swap Execution Facilities

February 28, 2011 — Council/CEIBA Letter to CFTC Regarding Confirmation, Portfolio Reconciliation and Portfolio Compression Requirements for Swap Dealers and Major Swap Participants

February 22, 2011 — Group Letter to CFTC Regarding Business Conduct Standards

February 22, 2011 — Council/CEIBA Letter to CFTC Regarding Business Conduct Standards

February 22, 2011 — Council/CEIBA Letter to CFTC Regarding Various Definitions

February 22, 2011 — Council/CEIBA Letter to CFTC Regarding Swap Data Repositories

February 7, 2011 — Council Letter to CFTC Regarding Unique Counterparty Identifiers

February 7, 2011 — Council/CIEBA Letter to CFTC Regarding Swaps Issues

January 31, 2011 — Council Comment Letter to Treasury Regarding Legal Entity Identifiers

January 3, 2011 — Council Comment Letter to CFTC Regarding Process for Review of Swaps for Mandatory Clearing and Provisions Common to Registered Entities

November 18, 2010 — Council/CIEBA Comments to SEC Regarding Proposed Rule Defining "Family Offices"

November 5, 2010 — Council Letter to Treasury Regarding Implementation of the Prohibitions on Proprietary Trading and Certain Relationships with Hedge Funds and Private Equity Funds under Dodd-Frank Act

November 5, 2010 — Council/CIEBA Talking Points: Major Swap Participant Status Would Harm Plans and Plan Participants

November 1, 2010 — Council/CIEBA PowerPoint on Developing Standardization, Clearing and Anti-Evasion Models for ERISA Pension Plan Swaps

November 1, 2010 — Council/CIEBA PowerPoint on Segregation of Customer Margin for Cleared Swaps

November 1, 2010 — Summary and Analysis of DOL Proposed Regulation on Fiduciary Definition (Courtesy of Davis & Harman, LLP)

October 19, 2010 — Council/CIEBA Talking Points: Applicability of Business Conduct Standards to ERISA Plans

September 20, 2010 — Joint Council/CIEBA Letter to CFTC/SEC Regarding Definitions of Major Swap Participant and Major Security-Based Swap Participant

September 8, 2010 — Council Letter to CFTC and SEC Regarding Swap Trade Rules and Business Conduct Standards

August 17, 2010 — Council/CIEBA Letter to ISDA Regarding Draft Derivatives Proposal

June 22, 2010 — Council Letter to DOL Regarding Technical Assistance on Financial Services Legislation

Official Source Documents
Council Materials

Council commends CFTC's revision of business conduct standards
January 11, 2012

Council, CIEBA testify: Dodd-Frank regulatory process moving too quickly, could adversely affect pension plans
February 15, 2011

Council conference call to brief media on financial services reform bill impact on swaps in retirement plans
June 15, 2010

Passage of pension funding relief a crucial step toward economic recovery, but long-term solutions still needed
May 28, 2010

Council urges support for pension 'swaps' amendment to Senate financial services reform legislation
May 19, 2010


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