Title

ETI, Phone the Department of Labor: Economically Targeted Investments, IB 94-1 and the Reincarnation of Industrial Policy

Authors

Edward A. Zelinsky, Benjamin N. Cardozo School of LawFollow

Files

Description

In Interpretive Bulletin 94-1 (B 94-1), the Department of Labor defines economically targeted investments (ETIs) as investments which bear risk-adjusted, market rates of return and which also generate collateral economic benefits. lB 94-1 declares ETIs, so defined, to be consistent with the fiduciary provisions of the Employee Retirement Income Security Act of 1974 (ERISA). In his critique of lB 94-1, Professor Edward Zelinsky finds the ET1 concept unsound as a matter of policy and logic and incompatible with ERISA's statutory standards governing pension trustees' investment decisions. Professor Zelinsky views 1B 94-1 as resurrecting the discredited notion of industrial policy. He concludes that the DOL should withdraw IB 94-1 or that Congress should repeal it.

Publication Date

1995

Volume

16

Publisher

Berkeley Journal of Employment and Labor Law

First Page

333

Keywords

Department of Labor (DOL), labor

Disciplines

Labor and Employment Law | Law | Law and Economics

Recommended Citation

Edward A. Zelinsky, ETI, Phone the Department of Labor: Economically Targeted Investments, IB 94-1 and the Reincarnation of Industrial Policy, 16 Berkeley Journal of Employment and Labor Law 333 (1995).
Available at: https://larc.cardozo.yu.edu/faculty-articles/305