November 24, 2015
Authored by: benefitsbclp
It is not news that Americans aren’t saving enough for retirement. But, what is news, is that this Administration seems to be bent on making some meaningful change on that front with the enactment of one particular solution – state-based retirement plans. After hearing the marching orders of the President to clear the path for state-based retirement savings initiatives (including legislation that automatically enrolls employees in IRAs), the Department of Labor has declared VICTORY!
But let’s take a closer look. What did the Department actually do? And will it withstand public commentary, let alone judicial scrutiny?
Last week, the Department issued two pieces of guidance: an Interpretive Bulletin and a Proposed Regulation. Each attempts to tackle a different element of the state-based IRA arena:
Performing a little fancy footwork, the Department issued an “Interpretive Bulletin” (which is, in effect, an interpretation