A Top DOL Official Lays Out Her Year-End Priorities

News December 16, 2024 at 01:15 PM
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What You Need To Know

  • The department will launch a Retirement Savings Lost and Found database by Dec. 29.
  • Many of the provisions of Labor's recent rule on mental health parity become effective on Jan. 1, Gomez said.
  • Trump plans to nominate outgoing Rep. Lori Chavez-DeRemer to be Labor secretary.
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Before year-end, the Labor Department's Employee Benefits Security Administration will launch its Retirement Savings Lost and Found Database "to assist workers in getting reconnected with missing retirement savings," said Lisa Gomez, head of Labor's Employee Benefits Security Administration.

"Since I joined the Biden-Harris administration, I have always had one priority uppermost in my mind — securing the hard-earned employee benefits of America’s workers, retirees and their families," Gomez told ThinkAdvisor Monday in an email.

EBSA on Nov. 18 requested more feedback from retirement plan administrators that will allow it to launch a Retirement Savings Lost and Found database by Dec. 29.

The Secure 2.0 Act directed EBSA to establish a search tool to help missing participants and their beneficiaries find their retirement benefits by that date.

Other Priorities

Many of the provisions of Labor's recent rule on mental health parity in health care coverage become effective on Jan. 1. "I am looking forward to seeing how that rule can make progress in providing people access to the care they need for mental health conditions and substance use disorders without facing greater barriers than they would for medical and surgical care," Gomez said.

Labor will be working with its "sister agencies to deliver a report to Congress on our mental health parity enforcement results, and that report should also be used as a roadmap for both patients, health providers and plans to understand what we are expecting when it comes to providing access to mental health care, together with additional compliance assistance tools we have in the works," Gomez said.

EBSA also will "work on finishing up some regulations and other projects and doing our best to set up leadership in the next administration for success in continuing to deliver on EBSA’s mission," Gomez said.

Labor Chief Nominee

President-elect Donald Trump said in late November that he will nominate outgoing Rep. Lori Chavez-DeRemer to lead Labor. Chavez-DeRemer has been known for her "unusually pro-union record," which has rankled some of his business allies, Bloomberg reported.

Chavez-DeRemer was one of the few Republicans to co-sponsor sweeping pro-union bills including the PRO Act, which significantly narrows the definition of "independent contractor" under the National Labor Relations Act, potentially reclassifying many independent contractors as employees.

Chavez-DeRemer was the first Republican woman to represent Oregon in the House but lost her campaign for reelection in November.

DOL Fiduciary Rule

Efforts to derail the Labor Department’s 2024 fiduciary rule will not be part of a budget bill, former Labor Department official Preston Rutledge said on Nov. 22. “The ball game right now with [the] fiduciary [rule] are the court cases.”

When the Trump administration takes over in January it "will probably not do anything about the Retirement Security Rule immediately because it’s tied up in court right now; they will wait to see if the rule is vacated," said Rutledge, a former head of Labor’s Employee Benefits Security Administration who now leads a government affairs consultancy.

"If the rule is not vacated, there may be another process of tweaking it again and we might go back to the long saga of fiduciary rulemaking again."

Former EBSA head Brad Campbell agreed Monday in an email that "the short-term outlook for the fiduciary rule is likely driven by the ongoing litigation more than anything else."

The 5th Circuit has consolidated the two lawsuits filed by the Federation of Americans for Consumer Choice and American Council of Life Insurers "for the purpose of hearing DOL’s appeal of the stays on the effective date," said Campbell, now a partner at Faegre Drinker in Washington.

"The substantive cases are on hold until the 5th Circuit resolves the stay issue. If the 5th Circuit upholds the stays, the two cases will proceed again. The wild card would be if the 5th Circuit overturned the stays, in which case, the 2024 Biden rule could become applicable and DOL likely would have to address at least an enforcement policy during the transition, as well as decide whether to modify or replace the rule."

Added Campbell: "It is somewhat difficult to predict the new Administration’s next steps, as we know very little about who might be nominated to run EBSA, or who will run DOL and EBSA while the Senate confirmation process proceeds."

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