ERISA

Update on EBSA Probing ESG Holdings

06.17.2020

The New York Regional Office of the Employee Benefit Security Administration is requesting a laundry list of information from plans with ESG funds regarding the review and selection process for said options. The office is seeking to better understand plan fiduciaries’ process of selecting ESG funds for inclusion in the plan’s investment choices and compliance with duties to administer the plan solely and prudently for the aim of offering benefits to beneficiaries and plan participants.

The information requested by the office includes:

  • All active investment guidelines or policies for the Plan;
  • Any guidelines or policies related to the Plan’s compliance with the measures enacted in prior applicable guidance related to ESG during the period;
  • All paperwork relating to plan fiduciaries’ consideration or utilization of ESG related with the investment options for the plan.

Click here to read the letter and the its requests in its entirety. The letter requests that the information be provided through email within two weeks of the date in the letter.

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