The Labor Department’s Employee Benefits Security Administration published a notice requesting comments on guidance for small employers (referred to as “fiduciary tips”) related to pooled employer plans (PEPs). The notice also seeks public input on PEP market practices to inform the potential development of a regulatory safe harbor, or multiple safe harbors, that encourage the use of PEPs. This request for input has been issued pursuant to President Trump’s January 20, 2025 Memorandum entitled “Delivering Emergency Price Relief for American Families and Defeating the Cost-of-Living Crisis,” directing the heads of federal agencies to, among other things, deliver emergency price relief and “increase the prosperity of the American worker.” Comments are due by September 29, 2025 and should be submitted through the federal eRulemaking portal using RIN 1210-AC10.
