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1. 89 FR 32122 — Retirement Security Rule: Definition of an Investment Advice Fiduciary
   ERISAFinal Rules (FR)Apr 25, 2024
   …tation 831.  The burden is estimated as: 2,197,679 rollovers × 27.6% involving small entities = 605,564 small rollovers. The labor rate of $64.60 per rollover (based on a rate of $228 per hour for a Personal Financial Adviser) and a material cost of $0.10 per paper rollover disclosure are applied in the following calcu…
2. 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
   RISA sections 404(a), 408(b)(2); Restatement (Third) of Trusts section 78 (2007), and Restatement (Third) of Agency section 8.01. Back to Citation 40.  Section 913(g) governs “Standard of Conduct” and subsection (1) provides that “The Commission may promulgate rules to provide that the standard of conduct for all broke…
3. 78 FR 13797 — Ex Parte Cease and Desist and Summary Seizure Orders-Multiple Employer Welfare Arrangements
   ERISAFinal Rules (FR)Mar 1, 2013★ strong match
   otect attorney work product prepared to assist the fiduciary in its fiduciary capacity from discovery or from use by the Secretary in the proceedings. The fiduciary exception does not apply, however, to the extent that communications were made or documents were prepared exclusively to aid the fiduciary personally or fo…
4. 89 FR 32302 — Amendment to Prohibited Transaction Exemption 84-24
   ERISAFinal Rules (FR)Apr 25, 2024related by meaning
   within a foreign country that is included on the Department of Commerce's list of “foreign adversaries” that is codified in 15 CFR 7.4 as amended); or (2) Found or determined in a final judgment or court-approved settlement in a Federal or State criminal or civil court proceeding brought by the Department, the Departme…
5. 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
   efly state the grounds for denial and shall then treat the petition as a request for participation as amicus curiae. § 2571.5 Consequences of default. For section 521 proceedings, this section shall apply in lieu of § 18.5(b) of this title: Failure of the respondent to file an answer to the temporary order within the 3…
6. 88 FR 76004 — Proposed Amendment to Prohibited Transaction Exemption 84-24
   ERISAProposed Rules (FR)Proposed Nov 3, 2023related by meaning
   ent advice within the meaning of ERISA section 3(21)(A)(ii) and Code section 4975(e)(3)(B) would be excluded under Section II(a). Back to Citation 10.  The Insurance Sales Commission may be paid directly to an intermediary such as an intermediary marketing organization (IMO) or field market organization) FMO, which the…
7. DOL Office of Administrative Law Judges — UNITED STATES DEPARTMENT OF LABOR, PENSION AND WELFARE BENEFITS ADMINISTRATION v. T. W. TAGGART
   ERISACourt RulingsAug 25, 1995related by meaning
   which there was no exemption. By engaging in a prohibited transaction for which there is no exception, AMCI is liable for the penalty imposed by ERISA §502(i), 29 U.S.C. § 1132(i). By engaging in a prohibited transaction for which there is no exception, Taggart is liable for the penalty imposed by ERISA § 502(i), 29 U.…
8. 75 FR 8796 — Civil Penalties Under ERISA Section 502(c)(8)
   ERISAFinal Rules (FR)Feb 26, 2010related by meaning
   trative law judge shall expressly limit the scope and terms of discovery to that for which “good cause” has been shown, as provided in this paragraph. (b) A party may obtain discovery of documents and tangible things otherwise discoverable under paragraph (a) of this section and prepared in anticipation of or for the h…
9. Court of Appeals for the Seventh Circuit — Lynnette Kaiser v. Alcoa USA Corp.
   ERISACourt RulingsAug 14, 2026
   …n each class member would be entitled to an individualized award of monetary damages.” Wal - Mart , 564 U.S. at 360–61. This is not to say, however, that a member in a Rule 23(b)(2) class cannot receive any monetary relief at all; rather, to the extent that the class members receive such relief, it must be “incidental …
10. 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). Back to Citation 20.  Angela A. Hung, Noreen Clancy, Jeff Dominitz, Eric Talley, Claude Berrebi, Farrukh Suvankulov, Investor and Industry Perspectives on Investment Advisers and Broker-Deal…
11. 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). Back to Citation 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 …
12. 81 FR 20946 — Definition of the Term “Fiduciary”; Conflict of Interest Rule-Retirement Investment Advice
    ERISAFinal Rules (FR)Apr 8, 2016related by meaning
    -21(d). Back to Citation 48.  Reorganization Plan No. 4 of 1978 (5 U.S.C. App. (2000)). Back to Citation 49.  Id. at section 102. Back to Citation 50.  Reorganization Plan, Message of the President. Back to Citation 51.   See, e.g., Public Citizen v. Dep't of Health and Human Servs., 332 F.3d 654, 668 (2003) (the ratif…
13. 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
    the writer's interest in the proposal. Comments received will be available for public inspection at the above address. Proposed Amendment to PTE 84-24 Under section 408(a) of the Employee Retirement Income Security Act of 1974, as amended (ERISA) and section 4975(c)(2) of the Internal Revenue Code of 1986, as amended (…
14. 78 FR 26727 — Pension Benefit Statements
    ERISAProposed Rules (FR)Proposed May 8, 2013
    … payment during P's life Monthly payment after P's death to surviving spouse Current—$125,000 $625 $564 $282 Projected—$557,534 2,788 2,514 1,257 Signed at Washington, DC, this 17th day of April, 2013. Phyllis C. Borzi, Assistant Secretary, Employee Benefits Security Administration, Department of Labor. Footnotes 1.  T…
15. 88 FR 75890 — Retirement Security Rule: Definition of an Investment Advice Fiduciary
    ERISAProposed Rules (FR)Proposed Nov 3, 2023
    …$33,000 annually.[563] ( printed page 75961) This results in a total cost of approximately $33,100.[564] Summary of Total Cost for the Proposed Amendments to PTE 86-128 The Department estimates that in order to meet the additional conditions of the amended PTE 86-128, affected entities would annually incur a total cost…
16. 85 FR 81658 — Fiduciary Duties Regarding Proxy Voting and Shareholder Rights
    ERISAFinal Rules (FR)Dec 16, 2020
    …o Citation 54.   See Cent. Hudson Gas & Elec. Corp. v. Pub. Serv. Comm'n of New York, 447 U.S. 557, 564 (1980). Commenters generally argued that
17. 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
    C. Notwithstanding the foregoing and solely with respect to applicants seeking relief with respect to the VFC Program other than through the SCC, section IV.A. and IV.B. shall not apply to a transaction described in section I.A., provided that: (1) the applicant under the VFC Program has met all of the other applicable…
18. DOL Office of Administrative Law Judges — USDOL, EMPLOYEE BENEFITS SECURITY ADMINISTRATION v. PLAN ADMINISTRATOR, CAVALLO POINT LODGE 401(K) PLAN
    ERISACourt RulingsNov 10, 2015related by meaning
    l agency action within the meaning of 5 U.S.C. 704. Therefore, this tribunal cannot evaluate Respondent‟s contentions that the penalty is inequitable, creates undue hardship, and is disproportionate to any errors committed. Nor can this tribunal evaluate whether the circumstances and remedial actions should have mitiga…
19. 76 FR 66637 — Prohibited Transaction Exemption Procedures; Employee Benefit Plans
    ERISAFinal Rules (FR)Oct 27, 2011
    … 56. Responses: 22,995. Frequency of Response: Occasionally. Estimated Total Annual Burden Hours: 2,564.
20. 29 C.F.R. § 2570.168 — Decision of the administrative law judge.
    ERISARegulationsJan 1, 2017related by meaning
    For 502(c)(8) civil penalty proceedings, this section shall apply in lieu of § 18.57 of this title.