81 FR 21147 — Amendment to and Partial Revocation of Prohibited Transaction Exemption (PTE) 84-24 for Certain Transactions Involving Insurance Agents and Brokers, Pension Co… ERISAFinal Rules (FR)Apr 8, 2016related by meaning
tion
45.
15 U.S.C. 80b-11(g)(1).
Back to Citation
46.
See e.g., Fish
v.
GreatBanc Trust Company,
749 F.3d 671 (7th Cir. 2014).
Back to Citation
47. As a practical matter, one way for financial institutions to ensure that they can meet this burden is by implementing strong anti-conflict policies and procedures, and …
81 FR 21181 — Amendment to and Partial Revocation of Prohibited Transaction Exemption (PTE) 86-128 for Securities Transactions Involving Employee Benefit Plans and Broker-De… ERISAFinal Rules (FR)Apr 8, 2016related by meaning
of the Code and a health savings account described in section 223(d) of the Code.
Back to Citation
19.
Code section 4975(c)(2).
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20. Angela A. Hung, Noreen Clancy, Jeff Dominitz, Eric Talley, Claude Berrebi, Farrukh Suvankulov, Investor and Industry Perspectives on Investment Advisers and Broker-Deal…
80 FR 22021 — Proposed Amendment to and Proposed Partial Revocation of Prohibited Transaction Exemption (PTE) 86-128 for Securities Transactions Involving Employee Benefit P… ERISAProposed Rules (FR)Proposed Apr 20, 2015related by meaning
tes) and any related entity in connection with the transaction is reasonable in relation to the total services the person provides to the plan or IRA. The Department requests comment on the necessity of incorporating relief for related entities in PTE 86-128, and the approach taken in this proposal to do so.
V. The 200…
89 FR 32122 — Retirement Security Rule: Definition of an Investment Advice Fiduciary ERISAFinal Rules (FR)Apr 25, 2024
…ers) × 70% already reliant on the PTE] + (190 large robo-advisers + 1 large non-bank trustees) ≉ 13,112 entities. The burden estimate is calculated as: 13,112 × 5 hours ≉ 65,559 hours. The labor rate is applied in the following calculation: 65,559 hours × $165.71 ≉ $10,863,864.
89 FR 34106 — Definition of “Employer”-Association Health Plans ERISAFinal Rules (FR)Apr 30, 2024
…SA plan must have at least one employee participant other than the owner to be a group health plan.[112]
89 FR 32302 — Amendment to Prohibited Transaction Exemption 84-24 ERISAFinal Rules (FR)Apr 25, 2024★ strong match
…hn Hancock Mut. Life Ins. Co.
v.
Harris Trust & Sav. Bank,
510 U.S. 86, 98 (1993).
Back to Citation
112.
See BancOklahoma Mortg. Corp.
v.
Capital Title Co., Inc.,
194 F.3d 1089 (10th Cir. 1999) (stating that McCarran-Ferguson Act bars the application of a Federal statute only if (1) the Federal statute does not speci…
88 FR 75890 — Retirement Security Rule: Definition of an Investment Advice Fiduciary ERISAProposed Rules (FR)Proposed Nov 3, 2023
…ties transaction or investment strategy involving securities (including account recommendations).” [112]
89 FR 32346 — Amendment to Prohibited Transaction Exemptions 75-1, 77-4, 80-83, 83-1, and 86-128 ERISAFinal Rules (FR)Apr 25, 2024related by meaning
t. Life Ins. Co.
v.
Harris Trust & Sav. Bank,
510 U.S. 86, 98 (1993).
Back to Citation
40.
See BancOklahoma Mortg. Corp.
v.
Capital Title Co., Inc., 194 F.3d 1089 (10th Cir. 1999) (stating that McCarran-Ferguson Act bars the application of a Federal statute only if (1) the Federal statute does not specifically relate…
89 FR 32260 — Amendment to Prohibited Transaction Exemption 2020-02 ERISAFinal Rules (FR)Apr 25, 2024related by meaning
ns
were made negligently or intentionally.”) (emphasis added);
see Mathews
v.
Chevron Corp.,
362 F.3d 1172, 1183 (9th Cir. 2004).
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37. 84 FR 33348, note 303. The Department observes that this requirement is also consistent with, for example, the requirement under section 206 of the Advisers Act, which …
81 FR 43430 — Department of Labor Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments ERISAFinal Rules (FR)Jul 1, 2016★ strong match
…he penalty conversion table. To adjust the existing minimum penalty for inflation, MSHA multiplied $112, the minimum civil penalty last established by regulation (other than under the Prior Inflation Adjustment Act) in 2007 (72 FR 13592), by the inflation adjustment factor for 2007 of 1.13833, which resulted in a penal…
88 FR 76032 — Proposed Amendment to Prohibited Transaction Exemptions 75-1, 77-4, 80-83, 83-1, and 86-128 ERISAProposed Rules (FR)Proposed Nov 3, 2023related by meaning
tionary authority or control with respect to IRAs could continue to rely on PTE 86-128, as long as they comply with all of the exemption's conditions. The Department is also proposing certain technical changes to the exemption, including deleting subsection IV(b)(1), and redesignating remaining sections as needed. The …
91 FR 4348 — Improving Transparency Into Pharmacy Benefit Manager Fee Disclosure ERISAProposed Rules (FR)Proposed Jan 30, 2026
…pproach—the provider of pharmacy benefit management services would be the covered service provider.[112]
However, if the consortium or other employer group were to contract to provide the services to the self-insured group health plan, the consortium or other group would be the covered service provider.
ERISACourt RulingsFeb 1, 1993
…f
reasonable cause, DOL waived 25% of the penalty for each plan,
which reduced the total amount to $112,500. Respondent requested an
administrative hearing on this determination, which was held on
October 20, 1992.
JOINT STIPULATIONS
At the hearing, the parties entered the
following stipulations for the record which ar…
ERISACourt RulingsNov 18, 1994★ strong match
…, reducing by 25% the total penalty for the
deficient filings of the three plans, from $150,000 to $112,500.
[PAGE 3]
On February 1, 1993, The Honorable Judge E. Earl Thomas,
District Chief Judge, (ALJ), issued a Decision and Order finding
that Spalding was subject to a civil penalty under ERISA Sec.
502(c)(2) for the …
91 FR 9213 — Requirement To Provide Paper Statements in Certain Cases-Amendments to Electronic Disclosure Safe Harbors ERISAProposed Rules (FR)Proposed Feb 25, 2026
…
0
0
0
36,189,080
36,189,080
5
62.3
37.7
33.8
0
0
0
35,464,850
35,464,850
6
62.7
37.3
33.4
0
0
0
35,112,476
35,112,476
7
62.8
37.2
33.3
0
0
0
34,941,028
34,941,028
8
62.9
37.1
33.2
0
0
0
34,857,610
34,857,610
9
63.0
37.0
33.1
0
0
0
34,817,023
34,817,023
10
63.0
37.0
33.1
0
0
0
34,797,276
34,797,276
1
Cost estimates ar…
ERISAProposed Rules (FR)Proposed Sep 15, 2021
ggested that section 112 of the SECURE Act could make it even more likely that a plan with a small number of active participants
( printed page 51294) might be required to bear the cost of an audit based on eligible, but not participating employees being counted toward the audit threshold. Specifically, because section…
82 FR 5373 — Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2017 ERISAFinal Rules (FR)Jan 18, 2017
…ortunities under Section 701(f)(3)(B)(i)(l)—each employee a separate violation
29 CFR 2575.2(h)
110
112.
EBSA
Employee Retirement Income Security Act Section 502(c)(9)(B)—Per day for each failure by a plan to timely provide to any State information required to be disclosed under Section 701(f)(3)(B)(ii), as added by CH…
80 FR 22010 — Proposed Amendment to and Proposed Partial Revocation of Prohibited Transaction Exemption (PTE) 84-24 for Certain Transactions Involving Insurance Agents and B… ERISAProposed Rules (FR)Proposed Apr 20, 2015related by meaning
e authority of the Secretary of the Treasury to issue administrative exemptions under Code section 4975 to the Secretary of Labor.
Back to Citation
3. For purposes of this amendment, the terms “Individual Retirement Account” or “IRA” mean any trust, account or annuity described in Code section 4975(e)(1)(B) through (F…
91 FR 16088 — Fiduciary Duties in Selecting Designated Investment Alternatives ERISAProposed Rules (FR)Proposed Mar 31, 2026
…oach to fiduciary investment decisions creating a potentially costly chilling effect on the market.[112]
This current guidance, as well as existing applicable regulations discussed above in the Preamble, serves as the baseline for this proposed rule.
12.4. Summary of Impacts
In accordance with OMB Circular A-4, Table 1…
89 FR 5624 — Automatic Portability Transaction Regulations ERISAProposed Rules (FR)Proposed Jan 29, 2024
…191
225
261
295
1,469
−Baseline
14
28
43
57
71
85
99
113
128
142
780
= Benefits
3
10
22
38
54
72
92
112
133
153
689
Value of Abandoned Accounts Consolidated:
Rule
12
16
19
21
22
23
24
25
25
25
211
−Baseline
10
10
10
10
10
10
10
10
10
10
101
= Benefits
2
5
9
11
12
13
14
14
15
15
110
Annual Total:
Rule
29,247
27,846
26,4…