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ERISA Advisory Council Releases QDIA Recommendations to DOL
The report was released after Democrats in Congress raised concerns about the council’s future, as it has not met since President Donald Trump’s inauguration.
The ERISA Advisory Council has released a series of recommendations for the Department of Labor, aimed to improve qualified default investment alternatives in defined contribution plans, days after Democrats in the House of Representatives pressed the DOL about the council’s lack of meetings this year.
On June 2, Representative Bobby Scott, D-Virginia, the ranking member of the House Committee on Education and the Workforce, and Representative Mark DeSaulnier, D-California, the ranking member of the House Subcommittee on Health, Employment, Labor and Pensions, sent a letter to Secretary of Labor Lori Chavez-DeRemer inquiring why the ERISA Advisory Council has not yet held its first meeting this year, why previous council records were deleted from the DOL website and whether the administration was considering eliminating the council altogether.
Also known as the Advisory Council on Employee Welfare and Pension Benefit Plans, the ERISA Advisory Council is a 15-member body (the members are appointed to staggered three-year terms) that advises the DOL on issues related to the Employee Retirement Income Security Act. The group is legally required to meet four times per year. Sources advised PLANSPONSOR in February, prior to Chavez-DeRemer’s March 10 confirmation, that the council was “on ice.”
Late last week, after the representatives’ public letter was sent to the DOL, the ERISA Advisory Council released its guidance on QDIAs, which had been finalized in December 2024 but not released in early March alongside the council’s final report on health insurance.
According to the council’s recommendations, the DOL should issue guidance through a “tips” document that could guide fiduciaries considering nonguaranteed and guaranteed retirement income options, inside or outside of a QDIA. The tips should be informed by relevant laws such as the Setting Every Community Up for Retirement Enhancement Act of 2019 and the SECURE 2.0 Act of 2022, as well as case law, according to the council.
The council also recommended that the DOL should provide and update disclosure guidance regarding investments held within a QDIA in the accumulation, transition and decumulation phases related to nonguaranteed and guaranteed retirement income solutions offered within or outside the QDIA. Participants would benefit from updates such as a longevity-risk calculator, according to the council.
Separately, the council recommended the DOL amend safe harbor regulations to allow QDIAs to be used for involuntary rollovers into individual retirement accounts.
“The new investment default options would be in addition to, not in lieu of, the existing capital preservation default,” according to the council.
The council reasoned that a plan’s default investment would generate better returns than the status quo, through which rollover IRAs can suffer from fees and low returns.
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