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    Subject Term: "Fiduciary liability"

    2 publications with a total of 7 open recommendations including 1 priority recommendation
    Director: Charles Jeszeck
    Phone: (202) 512-7215

    1 open recommendations
    Recommendation: To encourage plan sponsors to continue efforts to improve plan participation and overall retirement savings through the use of Qualified Default Investment Alternatives, the Secretary of Labor should direct the Assistant Secretary for the Employee Benefits Security Administration to assess the challenges that plan sponsors and stakeholders reported, including the extent to which these challenges can be addressed, and implement corrective actions through clarifying guidance or regulations, as appropriate.

    Agency: Department of Labor
    Status: Open

    Comments: In 2015, DOL noted that the agency would assess the challenges that plan sponsors and stakeholders had reported to GAO, decide in FY 2016 whether a broader public comment process (such as a Request for Information) or a research project would aid that assessment, and determine whether other actions, such as issuing clarifying guidance or regulations, would be beneficial to its stakeholders. In July 2016, DOL confirmed that the agency continues to plan to take the above action. In July 207, DOL responded that it had not added a public comment process to EBSA's 2017 regulatory agenda, and had no specific timeline for any next action.
    Director: Charles Jeszeck
    Phone: (202) 512-7215

    6 open recommendations
    including 1 priority recommendation
    Recommendation: To better protect plan sponsors and participants who use managed account services, the Secretary of Labor should direct the Assistant Secretary for the Employee Benefits Security Administration (EBSA) to review provider practices related to additional managed account services offered to participants in or near retirement, with the aim of determining whether conflicts of interest exist and, if it determines it is necessary, taking the appropriate action to remedy the issue.

    Agency: Department of Labor
    Status: Open

    Comments: In 2014, DOL agreed to include these practices in its current review of investment advice conflicts of interest, noting that such conflicts continue to be a concern. In April 2015, a proposed regulation was published in the Federal Register on the definition of a "fiduciary" of an employee benefit plan under the Employee Retirement Income Security Act of 1974 (ERISA) as a result of giving investment advice to a plan or its participants or beneficiaries. The proposal would widen the array of advice relationships under which someone would be considered a fiduciary under ERISA more broadly than existing regulations. This would increase consumer protection for plan sponsors, fiduciaries, participants, beneficiaries and IRA owners. An initial comment period closed on July 21, 2015. DOL held a public hearing on August 10-13, 2015, and reopened the comment period until September 24. GAO will monitor the progress of this proposed rule.
    Recommendation: To better protect plan sponsors and participants who use managed account services, the Secretary of Labor should direct the Assistant Secretary for the EBSA to consider the fiduciary status of managed account providers when they offer services on an opt-in basis and, if necessary, make regulatory changes or provide guidance to address any issues.

    Agency: Department of Labor
    Status: Open
    Priority recommendation

    Comments: DOL concurred with this recommendation and agreed to review existing guidance and consider whether additional guidance is needed in light of the various business models we described. As of May 2017, DOL is continuing these efforts. To implement this recommendation, DOL should complete its efforts to consider managed account service provider practices and fiduciary roles and take any necessary action to address potential issues to ensure that sponsors and participants receive unconflicted managed account services from qualified managers.
    Recommendation: To help sponsors who offer managed account services or who are considering doing so better protect their 401(k) plan participants, the Secretary of Labor should direct the Assistant Secretary for EBSA to require plan sponsors to request from record keepers more than one managed account provider option, and notify the Department of Labor if record keepers fail to do so.

    Agency: Department of Labor
    Status: Open

    Comments: DOL agreed to consider this recommendation in connection with its current regulatory project on standards for brokerage windows in participant-directed individual account plans. The project has been moved to the long-term action category of DOL's regulatory agenda. DOL will also consider the extent of its legal authority to effectively require that plans have more than one managed account service provider or to require that record keepers offer more than one managed account provider as part of their service agreements. GAO believes requiring plan sponsors to ask for more than one choice of a provider -- which is slightly different than how DOL has characterized it--may be an effective method of broadening plan sponsors' choices of managed account providers. However, GAO also agrees that DOL should examine the scope of its existing authority in considering how it might implement this recommendation.
    Recommendation: To help sponsors and participants more effectively assess the performance of managed accounts, the Secretary of Labor should direct the Assistant Secretary for EBSA to amend participant disclosure regulations to require that sponsors furnish standardized performance and benchmarking information to participants. To accomplish this, EBSA could promulgate regulations that would require sponsors who offer managed account services to provide their participants with standardized performance and benchmarking information on managed accounts. For example, sponsors could periodically furnish each managed account participant with the aggregate performance of participants' managed account portfolios and returns for broad-based securities market indexes and applicable customized benchmarks, based on those benchmarks provided for the plan's designated investment alternatives.

    Agency: Department of Labor
    Status: Open

    Comments: DOL agreed to consider this recommendation in connection with (1) its regulatory project on standards for brokerage windows in participant directed individual account plans and (2) open proposed rulemaking project involving the qualified default investment alternative and participant-level fee disclosure regulations. These projects have been moved to the long-term action category of DOL's regulatory agenda.
    Recommendation: To help sponsors and participants more effectively assess the performance of managed accounts, the Secretary of Labor should direct the Assistant Secretary for EBSA to amend service provider disclosure regulations to require that providers furnish standardized performance and benchmarking information to sponsors. To accomplish this, EBSA could promulgate regulations that would require service providers to disclose to sponsors standardized performance and benchmarking information on managed accounts. For example, providers could, prior to selection and periodically thereafter, as applicable, furnish sponsors with aggregated returns for generalized conservative, moderate, and aggressive portfolios, actual managed account portfolio returns for each of the sponsor's participants, and returns for broad-based securities market indexes and applicable customized benchmarks, based on those benchmarks provided for the plan's designated investment alternatives.

    Agency: Department of Labor
    Status: Open

    Comments: DOL agreed to consider this recommendation in connection with (1) its regulatory project on standards for brokerage windows in participant directed individual account plans and (2) open proposed rulemaking project involving the qualified default investment alternative and participant-level fee disclosure regulations. These projects have been moved to the long-term action category of DOL's regulatory agenda.
    Recommendation: To help sponsors who offer managed account services or who are considering doing so better protect their 401(k) plan participants, the Secretary of Labor should direct the Assistant Secretary for EBSA to provide guidance to plan sponsors for selecting and overseeing managed account providers that addresses: (1) the importance of considering multiple providers when choosing a managed account provider, (2) factors to consider when offering managed accounts as a Qualified Default Investment Alternative or on an opt-in basis, and (3) approaches for evaluating the services of managed account providers.

    Agency: Department of Labor
    Status: Open

    Comments: DOL agreed to consider this recommendation in connection with its current regulatory project on standards for brokerage windows in participant-directed individual account plans. DOL intends for this project to address whether potential regulatory or other guidance for such arrangements may be appropriate. The project has been moved to the long-term action category of DOL's regulatory agenda.