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Retirement Plans Newsletter

BULLETIN
April 23, 2024

 

[Official Guidance]

Text of DOL Final Regs: Retirement Security Rule: Definition of an Investment Advice Fiduciary (PDF)

476 pages. "The [DOL] is adopting a final rule defining when a person renders 'investment advice for a fee or other compensation, direct or indirect' with respect to any moneys or other property of an employee benefit plan, for purposes of the definition of a 'fiduciary' in [Title I of ERISA]. The final rule also applies for purposes of Title II of ERISA to the definition of a fiduciary of a plan defined in Internal Revenue Code, including an individual retirement account or other plan identified in the Code. The Department also is publishing ... amendments to Prohibited Transaction Exemption 2020-02 (Improving Investment Advice for Workers & Retirees) and to several other existing administrative exemptions from the prohibited transaction rules applicable to fiduciaries under Title I and Title II of ERISA."  MORE >>

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

[Official Guidance]

Text of DOL Amendment to Prohibited Transaction Exemption 2020-02 (PDF)

139 pages. "This document contains a notice of amendment to class prohibited transaction exemption (PTE) 2020-02, which provides relief for investment advice fiduciaries to receive certain compensation that otherwise would be prohibited. The amendment affects participants and beneficiaries of employee benefit plans, individual retirement account (IRA) owners, and fiduciaries with respect to such plans and IRAs."  MORE >>

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

[Official Guidance]

Text of DOL Amendment to Prohibited Transaction Exemption 84-24 (PDF)

159 pages. "This document contains a notice of amendment to Prohibited Transaction Exemption (PTE) 84-24, an exemption from certain prohibited transaction provisions of [ERISA] and the Internal Revenue Code ... The amendment affects participants and beneficiaries of plans, individual retirement account (IRA) owners, and certain fiduciaries of plans and IRAs."  MORE >>

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

[Official Guidance]

Text of DOL Amendment to Prohibited Transaction Exemptions 75-1, 77-4, 80-83, 83-1, and 86- 128 (PDF)

52 pages. "This document contains a notice of amendments to Prohibited Transaction Exemptions (PTEs) 75-1, 77-4, 80-83, 83-1, and 86-128, which are class exemptions from certain prohibited transaction provisions of [ERISA] and the Internal Revenue Code ... The amendments affect participants and beneficiaries of plans, individual retirement account (IRA) owners, and certain fiduciaries of plans and IRAs."  MORE >>

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

[Guidance Overview]

Defining Investment Advice Fiduciary

DOL comprehensive web pages that describe and publish the final regulations and associated PTEs, as well as public comments and hearing.

"[The Employee Benefits Security Administration (EBSA)] has issued a final rule to protect workers' retirement savings by updating the regulation defining a fiduciary under [ERISA]. The 'Retirement Security Rule: Definition of an Investment Advice Fiduciary' affects how investors get advice on their job-based retirement accounts and other retirement savings plans and how trusted investment advice providers must act if they have a conflict of interest."  MORE >>

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.

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