Key Takeaways
- The DOL has issued guidance about PEPs—pooled employer plans—that includes questions designed to assist the DOL in developing future guidance about PEPs.
- Some of those questions suggest a possible fiduciary safe harbor for small employers who adopt PEPs.
- This article begins a discussion of the questions asked by the DOL and my comments on those questions and issues. In particular, this article covers some of the “safe harbor” inquiries. The remaining DOL safe harbor questions will be discussed in my next article.
- While the DOL inquiries are for future guidance, advisors and providers should be paying attention because, among other reasons, some current practices appear to be disfavored by the DOL.
This series of articles examines the DOL’s July 29, 2025, release that includes interpretative guidance on PEPs, solicits information about PEP practices, includes tips for selecting PEPs, and discusses a possible fiduciary safe harbor for adopting PEPs. 2025-14281.pdf (SECURED).
The first two articles in this series, Things I Worry About (20) and Things I Worry About (21), discussed some of the DOL’s findings when it reviewed the 2023 Forms 5500 filed by PEPs.
The third, fourth and fifth articles, Things I Worry About (22), Things I Worry About (23), and Things I Worry About 24, reviewed issues identified by the DOL for deciding whether to join a PEP.
This article begins a series about the part of the guidance that was an RFI, where the DOL is soliciting information that would be helpful for future guidance. I quote and then discuss the questions that are the most interesting and relevant to employers and service providers.
Continue reading Things I Worry About (25): Pooled Employer Plans and DOL RFI (6)
