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Article
The Continuing Battle Over Economically Targeted Investments: An Analysis of the Department of Labor's Interpretative Bulletin 2015-01
Cardozo Law Review De-Novo
  • Edward A. Zelinsky, Benjamin N. Cardozo School of Law
Publication Date
1-1-2016
Abstract

In Interpretive Bulletin 2015-01 (IB 2015-01), the U.S. Department of Labor (DOL) renewed the now two-decades old battle over “economically targeted investments” (ETIs). As a matter of statutory interpretation, IB 2015-01, like its predecessors, is unpersuasive. The Employee Retirement Income Security Act of 1974 (ERISA) requires plan trustees to invest “solely” to provide participants’ retirement benefits. A trustee who invests in ETIs violates this statutory obligation by pursuing collateral economic benefits for persons other than plan participants. As a matter of policy, the social investing which ETIs exemplify is unsound. At best, such social investing in practice merely shuffles investment ownership without altering market-based allocations of capital.

Publisher
Benjamin N. Cardozo School of Law
Keywords
  • Labor Law,
  • Housing Law,
  • Fiduciaries,
  • Contracts
Citation Information
Edward A. Zelinsky. "The Continuing Battle Over Economically Targeted Investments: An Analysis of the Department of Labor's Interpretative Bulletin 2015-01" Cardozo Law Review De-Novo Vol. 2016 (2016) p. 197 - 206
Available at: http://works.bepress.com/edward-zelinsky/2/