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ERISA

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ERISA (Employee Retirement Income Security Act) is a 1974 U.S. federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry. It aims to protect plan participants by requiring plans to provide information, establish fiduciary responsibilities, and give participants the right to sue for benefits and breaches of duty. ERISA also guarantees payment of certain benefits through the Pension Benefit Guaranty Corporation if a defined plan is terminated.

Jason Berkowitz, IRI
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IRI’s Jason Berkowitz: Why Biden’s Fiduciary Rule Gets it Wrong

The American Retirement Association approves the Department of Labor's latest ERISA fiduciary definition update, while insurers dispute its necessity, labeling it a regulatory overreach on investment advice. Jason Berkowitz from the Insured Retirement Institute outlines significant issues with the proposed ERISA changes, critiquing both the policy and President Biden's recent statements on the retirement sector. Berkowitz examines the five-part test and Prohibited Transaction Exemptions' effects on ERISA fiduciaries, reflecting the lifetime income industry's regulatory stance.