Swapping Safely: DOL’s Take On Swaps And ERISA Plans

February 20, 2013
Much of the investment capital in the U.S. market is in retirement plans subject to the Employee Retirement Income Security Act of 1974. Over the years, an important element of a number of plans’ investment portfolios has been investment in derivatives instruments, including swaps. On Feb. 7, 2013, the U.S. Department of Labor issued Advisory Opinion 2013-01A, which may have the effect of ameliorating growing concerns among financial institutions regarding swap transactions with ERISA plans.