87 FR 14722 — Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications ERISAProposed Rules (FR)Proposed Mar 15, 2022★ strong match
ode section 4975(c)(1) upon making the same findings. Before an exemption is granted, notice of its pendency must be published in the
Federal Register and interested persons must be given the opportunity to comment on the proposed exemption. If the exemption transaction involves potential fiduciary self-dealing or conf…
91 FR 4348 — Improving Transparency Into Pharmacy Benefit Manager Fee Disclosure ERISAProposed Rules (FR)Proposed Jan 30, 2026
…& Dana P. Goldman,
Overpaying for Prescription Drugs: The Copay Clawback,
(2018),
https://schaeffer.usc.edu/research/overpaying-for-prescription-drugs/.)
Back to Citation
183.
Megan Thompson (2018), W
hy a Patient Paid a $285 Copay for a $40 Drug, https://www.pbs.org/newshour/health/why-a-patient-paid-a-285-copa…
89 FR 4662 — Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications ERISAFinal Rules (FR)Jan 24, 2024related by meaning
rtment decides to hold a hearing on the exemption request before making its final decision, you will be notified of the time and place of the hearing. (b) The method used by an applicant to furnish notice to interested persons must be reasonably calculated to ensure that interested persons actually receive the notice. …
91 FR 16088 — Fiduciary Duties in Selecting Designated Investment Alternatives ERISAProposed Rules (FR)Proposed Mar 31, 2026
…asive authority regarding what constitutes a prudent process.
Loper Bright Enterprises
v.
Raimondo,
603 U.S. 369 (2024).
Loper-Bright
cites
Skidmore
with approval.
Id.
at 402. Other courts have adhered to this principle.
See, e.g., Lopez
v.
Garland,
116 F.4th 1032, 1039 (9th Cir. 2024) (agency interpretation entitled t…
89 FR 32302 — Amendment to Prohibited Transaction Exemption 84-24 ERISAFinal Rules (FR)Apr 25, 2024★ strong match
estimated 259,230 retrospective reviews. This results in an annual hour burden of approximately 21,603 hours with an equivalent cost of $1,425,549 104 The Department expects that the results would be provided electronically and thus does not expect there to be any material costs with providing Independent Producers wit…
76 FR 76235 — Ex Parte Cease and Desist and Summary Seizure Orders-Multiple Employer Welfare Arrangements ERISAProposed Rules (FR)Proposed Dec 6, 2011related by meaning
nal cease and desist order and no later than five business days after issuance of a summary seizure order, the Secretary shall serve the order either: (i) By delivering a copy to the person who is the subject of the order. If the person is a partnership, service may be made to any partner. If the person is a corporatio…
87 FR 70753 — Prohibited Transaction Exemption (PTE) 2002-51 To Permit Certain Transactions Identified in the Voluntary Fiduciary Correction Program ERISAProposed Rules (FR)Proposed Nov 21, 2022related by meaning
tent commenters suggest changes to the SC Component, the Department requests comments on whether corresponding changes to the exemption are necessary. The Department is proposing to amend Section I.A. of the exemption to clarify that excise tax relief is available for transactions that are corrected under the SC Compon…
89 FR 32122 — Retirement Security Rule: Definition of an Investment Advice Fiduciary ERISAFinal Rules (FR)Apr 25, 2024
…r standard of care on annuity sales,[602]
accounted for 2.6 percent of fixed annuity sales in 2016.[603]
Accordingly, the Department estimates that approximately 30 percent of annuity sales are subject to the SEC's Regulation Best Interest or a similar standard while the remaining 70 percent of the annuity market is no…
91 FR 9213 — Requirement To Provide Paper Statements in Certain Cases-Amendments to Electronic Disclosure Safe Harbors ERISAProposed Rules (FR)Proposed Feb 25, 2026
…ion II.B above.
Back to Citation
39.
5 U.S.C. 601 et seq.
Back to Citation
40.
5 U.S.C. 601(2), 603(a);
also see
5 U.S.C. 551.
Back to Citation
41.
Brown, S. Kathi. Retirement Account Statements: Paper or Electronic?, AARP Research, May 2022,
https://doi.org/10.26419/res.00529.00.
Accessed March 27, 2025.
Back t…
90 FR 3667 — Prohibited Transaction Exemption (PTE) 2002-51 To Permit Certain Transactions Identified in the Voluntary Fiduciary Correction Program ERISAFinal Rules (FR)Jan 15, 2025related by meaning
employee.
The term “control” is defined as the power to exercise a controlling influence over the management of a person other than an individual.[10] Deletion of Section II.E.
The Department is deleting section II.E. of the exemption as proposed. The condition related to all the covered transactions under section I an…
75 FR 53172 — Prohibited Transaction Exemption Procedures; Employee Benefit Plans ERISAProposed Rules (FR)Proposed Aug 30, 2010★ strong match
matters of law; or
(3) The factual issues identified can be fully explored through the submission of evidence in written (including electronic) form. (c) An applicant for an exemption must notify interested persons in the event that the Department schedules a hearing on the exemption. Such notification must be given i…
88 FR 75979 — Proposed Amendment to Prohibited Transaction Exemption 2020-02 ERISAProposed Rules (FR)Proposed Nov 3, 2023★ strong match
… × $63.45 = $793.
Back to Citation
65.
5 U.S.C. 601
et seq.
Back to Citation
66.
5 U.S.C. 601(2), 603(a);
see5 U.S.C. 551.
Back to Citation
67. Public Law 104-4, 109 Stat. 48 (Mar. 22, 1995).
Back to Citation
68.
Reorganization Plan No. 4 of 1978 (5 U.S.C. App. 1 (2018)) generally transferred the authority of the S…
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, 2023★ strong match
…,943 disclosures. Back to Citation
52.
5 U.S.C. 601
et seq.
Back to Citation
53.
5 U.S.C. 601(2), 603(a); see also 5 U.S.C. 551.
Back to Citation
54.
Public Law 104-4, 109 Stat. 48 (Mar. 22, 1995).
Back to Citation
55.
17 CFR 240.10b-16.
Back to Citation
[FR Doc. 2023-23782 Filed 11-2-23; 8:45 am]
BILLING CODE 4510…
85 FR 40589 — Conflict of Interest Rule-Retirement Investment Advice: Notice of Court Vacatur ERISAFinal Rules (FR)Jul 7, 2020related by meaning
aries, a related class exemption proposal that was not finalized.[3]
EBSA's website will reflect all of these changes.[4]
Procedural and Other Matters Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), provides that when an agency for good cause finds that notice and public procedures are impractic…
ERISAProposed Rules (FR)Proposed Nov 21, 2022★ strong match
therwise would be imposed and that meet the requirement of section IV C. of the exemption are not required to provide the notice.
Back to Citation
55. For materials and postage for paper notices. 242,956 notices × 41.8% paper notices × ($0.65 per paper notice)] = $66,011. Electronic notices will be distributed at de m…
85 FR 82798 — Prohibited Transaction Exemption 2020-02, Improving Investment Advice for Workers & Retirees ERISAFinal Rules (FR)Dec 18, 2020★ strong match
…l professional.
Back to Citation
257.
5 U.S.C. 601
et seq.
Back to Citation
258.
5 U.S.C. 601(2), 603(a);
see also5 U.S.C. 551.
Back to Citation
259.
13 CFR 121.201.
Back to Citation
260.
15 U.S.C. 631
et seq.
Back to Citation
261.
The Department consulted with the Small Business Administration Office of Advocacy …
76 FR 66637 — Prohibited Transaction Exemption Procedures; Employee Benefit Plans ERISAFinal Rules (FR)Oct 27, 2011related by meaning
matters of law; or
(3) The factual issues identified can be fully explored through the submission of evidence in written (including electronic) form. (c) An applicant for an exemption must notify interested persons in the event that the Department schedules a hearing on the exemption. Such notification must be given i…
91 FR 46602 — Electronic Disclosure by Group Health Plans Under ERISA ERISAProposed Rules (FR)Proposed Jul 23, 2026
…rule will not have a significant economic impact on a substantial number of small entities, section 603 of the RFA requires the agency to present an initial regulatory flexibility analysis of the proposed rule.[97]
The RFA generally defines a “small entity” as (1) a proprietary firm meeting the size standards of the Sm…
89 FR 5624 — Automatic Portability Transaction Regulations ERISAProposed Rules (FR)Proposed Jan 29, 2024
…irements of section 553(b) of the Administrative Procedure Act or any other law.[182]
Under section 603 of the RFA, agencies must submit an initial regulatory flexibility analysis (IRFA) of a proposal that is likely to have a significant economic impact on a substantial number of small entities, such as small businesse…
ERISACourt RulingsFeb 2, 1993
…and $90,281 in
"employer's contribution" as "receivables." The principal liability
recorded was $51,603, for "stock acquisition." The significant
transaction addendum to the audit showed that the plan recorded the
$51,603 as purchasing 12,525 shares of Respondent's common
stock.
[Page 3]
The plan's 1988 income statemen…