A January 15 Department of Labor (“DOL”) News Release explained “where [the DOL] will focus its enforcement resources to increase broad-based employee benefit plan compliance, address abusive practices and bad actors, and deliver results that increase security for participants and beneficiaries” during 2026. The following enforcement activities will focus on defined contribution plans:
- Retirement asset management: This will involve whether plan fiduciaries are using a reasonable process for selecting and monitoring their plan’s investment lineup.
- Cybersecurity: The DOL will focus on how plan sponsors and service providers guard against cybersecurity threats to participants’ accounts. This involves whether plan fiduciaries consult with experts, discuss this topic with plan service providers, and understand where participant data is located and how it is shared with plan service providers.
- Protecting benefit distributions: The DOL will investigate plans’ processes and procedures for notifying participants who will soon become subject to the law’s required minimum distribution rules.
- Criminal abuse of plan assets: The DOL will continue to investigate prohibited uses of employees’ contributions, as well as theft of plan assets and data.