05 Dec 2023
How Secure Are You? Cybersecurity Concerns in Retirement Plan Administration
An ever-increasing amount and sophistication of internet crimes targeting employee benefit plan data and assets has led to increasing concerns among ERISA fiduciaries who anticipate the consequences of cybersecurity issues raised in DOL audits of ERISA plans and litigation by plan participants who suffer damages due to cybersecurity breaches. ERISA fiduciaries have had to become more informed and proactive in the information technology space and seek both legal guidance and protections for their retirement plans and their participants.
Related Content
- Cybersecurity Attack Warning Clauses (Retirement Plan) (Summary Plan Description)
Consider using these clauses in your retirement plan’s summary plan description (SPD). They provide language to warn plan participants of the dangers of cybersecurity issues relative to the plan's operation and recordkeeping. - Identity Theft and Internet Fraud Warning Clauses (Retirement Plan) (Summary Plan Description)
Remind participants that an ounce of prevention is worth a pound of cure. Include these identity theft and internet fraud warning clauses in your retirement plan’s SPD. Advise participants to not share passwords and create unique ones to reduce the risks of illegal access to their accounts.
Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.
- Employee Benefits & Executive Compensation Key Legal Developments Tracker
Stay informed on new developments.- ERISA. DOL issues a new proposed rule concerning fiduciary advice. The regulatory release includes: (1) Proposed Amendment to PTE 2020-02, (2) Proposed Amendment to PTE 84-24, (3) Proposed Amendments to PTEs 75-1, 77-4, 80-83, 83-1, and 86-128, (4) a fact sheet, (5) a news release, and (6) a blog written by Lisa Gomez, DOL's Assistant Secretary for EBSA. The proposed regulations revise the fiduciary standards for retirement plan investment advice and are described as a means of improving retirement security by doing away with ''excess fees and costs, and financial losses'' by participants. 88 Fed. Reg. 75890 (Nov. 3, 2023); see also DOL’s Fiduciary Rule Would Extend DOL’s Reach.
- ERISA. IRS issues the 2023 Form 5500 series, including Form 5500, Form 5500-SF, Form 5500-EZ, schedules, and Instructions. DOL Fact Sheet.
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