On March 20, President Joe Biden vetoed the US Senate’s vote to overturn the Environmental, Social, and Governance (ESG) rule, which allows retirement plan fiduciaries to consider ESG factors when selecting investments.
The Senate’s vote followed the US House of Representatives’ approval of an identical resolution on February 28.
The rule is firmly opposed by Republican lawmakers and state attorneys general. In late January, 25 states filed a lawsuit against the Biden administration, alleging that the ESG rule does not align with the Employee Retirement Income Security Act (ERISA) mandate, which covers approximately 2.5 million health plans, 747,000 retirement plans, and 673,000 other welfare benefit plans. ERISA requires fiduciaries of retirement plans to act solely in the best interests of their beneficiaries.
Opponents of the ESG rule argue that it imposes undue burdens on fiduciaries and may result in suboptimal investment decisions. They contend that the rule’s focus on ESG factors may cause fiduciaries to prioritize environmental and social concerns over the financial well-being of plan beneficiaries.
Lack of Clarity and its Controversy
The ESG rule aims to look beyond profit and loss to determine whether to make an investment. This lack of clarity makes it a rather controversial rule. As Joe McGowan says, writing in Forbes, “Conservatives, rightfully or wrongly, believe that ESG has become a tool for outside interests to impose their beliefs on private companies. Not just environmental concerns, but also political debates…. This has become a significant concern within the business sector, hence the congressional override by Republicans.”
Overriding the president’s veto is unlikely, as it would require a two-thirds majority in both chambers of Congress. However, even though the ERISA rule is going to stand for now, its implementation remains problematic, as the Department of Labor deals with how to write up clear guidelines on its implementation and the states continue to fight it.
For more Employee Benefits tips, contact INSURICA today.
Copyright © 2023 Smarts Publishing
This is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice.
About the Author
Share This Story
Related Blogs
OSHA’s Safe and Sound Week Scheduled for Aug. 12-18
Each year, more than 5,000 workers are killed on the job. Additionally, more than 3.6 million employees are seriously injured each year while at work. Because of this, the Occupational Safety and Health Administration (OSHA) holds a nationwide event each August called Safe and Sound Week, which promotes the importance of companies incorporating safety and health programs into their workplace. This year, the event runs Aug. 12-18, 2024.
2024 Midyear Market Outlook: Workers’ Compensation
Profitable underwriting results have generated favorable conditions across the workers’ compensation insurance market for nearly a decade. According to the National Council on Compensation Insurance (NCCI), the segment produced combined ratios of 84.5 and 84.9 in 2022 and 2023, respectively, demonstrating continued profitability.
CrowdStrike, the Most Important Cyber Accumulation Loss Event Since NotPetya, Highlights Single Points of Failure
In what is being called “the most important cyber accumulation loss event since NotPetya,” the July 19, 2024, global technology outage (CrowdStrike) will produce scores of insurance claims across a range of policies, test cyber policy wordings,and sharpen the industry’s focus on single points of failure.