In S&P Global, Josh Lichtenstein Discussed DOL Proposed Rule on ESG Investments for Pension and 401(k) Plan Managers

In an S&P Global Market Intelligence article, Josh Lichtenstein, a partner in the ERISA and benefits group who heads the firm’s ERISA fiduciary practice and co-leads the firm’s collective investment trust (CIT) practice, discussed the U.S. Department of Labor’s proposal that outlines how 401(k) and private pension plan fiduciaries may consider ESG factors when selecting investments.

Josh also discussed the DOL “tiebreaker” test, which allows fiduciaries to use nonfinancial factors when selecting between two indistinguishable investment options. “The test is rarely used, but getting rid of it would be significant,” said Josh.