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
s applicable solely to the proposed new covered transaction. The new Section IV incorporates conditions originally applicable to PTE 75-1, Part II(2). Specifically, the conditions applicable to the new covered transaction in Section I(b), as set forth in Section IV, are: (1) The fiduciary customarily sells securities f…
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
atio = 1.47 × (1,400,000/10,509,091) = 0.196 = 19.6 percent.
Proposed Revocation of Parts I(b), I(c) and II(2) of PTE 75-1 and Restatement of PTE 75-1 The Department is proposing to revoke Parts I(b), I(c) and II(2) of PTE 75-1. In connection with the proposed revocation of Part II(2), the Department is republishing Pa…
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 …
81 FR 21139 — Amendment to Prohibited Transaction Exemption (PTE) 75-1, Part V, Exemptions From Prohibitions Respecting Certain Classes of Transactions Involving Employee Be… ERISAFinal Rules (FR)Apr 8, 2016related by meaning
75(e)(1) of the Code are included within the scope of relief provided by PTE 75-1 because it was issued jointly by the Department and the Service.
See PTE 2002-13, 67 FR 9483 (March 1, 2002) (preamble discussion). For simplicity and consistency with the other new exemptions and amendments to other existing exemptions p…
81 FR 21208 — Amendments to Class Exemptions 75-1, 77-4, 80-83 and 83-1 ERISAFinal Rules (FR)Apr 8, 2016related by meaning
st that a reasonable person would conclude could affect the exercise of its best judgment as a fiduciary in rendering advice to the plan or IRA owner. For purposes of this section, a fiduciary acts in the “Best Interest” of the employee benefit plan or IRA when the fiduciary acts with the care, skill, prudence, and dil…
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
uld have continued to rely on PTE 86-128 but would have had to meet the protective conditions of this exemption for IRAs as well as for Title I plans. The Department also proposed certain technical changes to the exemption, including deleting subsection IV(b)(1), and redesignating remaining sections as needed. The lang…
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 …
75 FR 32846 — Final Rule Relating to Time and Order of Issuance of Domestic Relations Orders ERISAFinal Rules (FR)Jun 10, 2010
…usly determined to be a QDRO. Section 206(d)(3)(D).
B. Pension Protection Act of 2006
Under section 1001 of the Pension Protection Act of 2006 (PPA), Public Law 109-280, section 1001, 120 Stat. 780 (2006), Congress instructed the Secretary of Labor to issue regulations, not later than one year after the date of the ena…
ERISACourt RulingsSep 27, 1993
…(c) (2), of the Employee Retirement Income
Security Act of 1974 ("ERISA"), as amended, 29 U.S.C. §§
1001, et seq. Complainant, Pension and Welfare
Benefits Administration ("PWBA"), by way of its Division of
Reporting Compliance and its Office of Chief Accountant, assessed a
$50,000 penalty on Respondent Braniff, Inc. (…
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
for examination during normal business hours by—
(A) Any duly authorized employee or representative of the Department or the Internal Revenue Service; (B) Any fiduciary of the plan or any duly authorized employee or representative of the fiduciary;
(C) Any contributing employer and any employee organization whose membe…
ERISARegulationsSep 1, 2017
(a) (a) Scope. This section implements section 1001 of the Pension Protection Act of 2006 by clarifying certain timing issues with respect to domestic relations orders and qualified domestic relations orders under the Employee Retirement Income Security Act of 1974, as amended (ERISA), 29 U.S.C. 1001 et seq. The exampl…
ERISACourt RulingsAug 10, 2026
….
1
We use ERISA as shorthand for the Employee Retirement Income Security Act of
1974, 29 U.S.C. §§ 1001– 1461, which “was enacted to protect the interests of participants
in employee benefit plans and their beneficiaries by, among other things, ‘ establishing
standards of conduct, responsibility, and obligation for fi…
ERISACourt RulingsMar 23, 2001
…2(c)(2), of the Employee Retirement Income Security
Act of 1974, as amended ("ERISA"), 29 U.S.C. §§ 1001, et
81 FR 21089 — Class Exemption for Principal Transactions in Certain Assets Between Investment Advice Fiduciaries and Employee Benefit Plans and IRAs ERISAFinal Rules (FR)Apr 8, 2016related by meaning
ption.
Back to Citation
60.
See, e.g.,
PTE 75-1, Part II, 40 FR 50845 (Oct. 31, 1975), as amended at 71 FR 5883 (Feb. 3, 2006).
Back to Citation
61. 29 CFR 2570.31(j).
Back to Citation
62.
The same commenter also requested clarification that an IRA owner will not be deemed to fail the Independence requirement simpl…
ERISACourt RulingsAug 10, 2026
….
1
We use ERISA as shorthand for the Employee Retirement Income Security Act of
1974, 29 U.S.C. §§ 1001– 1461, which “was enacted to protect the interests of participants
in employee benefit plans and their beneficiaries by, among other things, ‘ establishing
standards of conduct, responsibility, and obligation for fi…
ERISARegulationsJan 1, 2017related by meaning
[Reserved]
ERISACourt RulingsMar 29, 1995
…29 U.S.C. § 1132(c)(2), and the
regulations promulgated thereunder.
ERISA, as amended, 29 U.S.C. §§ 1001
et seq. is a remedial statute designed to protect the
integrity of employee benefit plans maintained by employers.
Section 2 of ERISA, 29 U.S.C. §§ 1001(b). Among the means
to accomplish ERISA's purpose are extensiv…
80 FR 22004 — Proposed Amendment to Prohibited Transaction Exemption (PTE) 75-1, Part V, Exemptions From Prohibitions Respecting Certain Classes of Transactions Involving Em… ERISAProposed Rules (FR)Proposed Apr 20, 2015related by meaning
to Citation
11.
See
Preamble to PTE 75-1, Part V, 40 FR 50845 (Oct. 31, 1975); ERISA Advisory Opinion 86-12A (March 19, 1986).
Back to Citation
12. Because of this limitation, the Department views it as unnecessary to condition this exemption on the fiduciary's adherence to the impartial conduct standards, including…
DOL Office of Administrative Law Judges — USDOL, EMPLOYEE BENEFITS SECURITY ADMINISTRATION v. PLAN ADMINISTRATOR, WHITE MOUNTAIN APACHE TRIBE RETIREMENT SAVINGS AND 401(K) PROFIT SHARING PLAN ANNUAL RE… ERISACourt RulingsNov 30, 2016
…
B. Statutory Provisions
The Employee Retirement Income Security Act of 1974, or ERISA, 29 U.S.C. § 1001 et
seq. , protects assets placed in retirement plans by setting minimum standards for pension plans in
private industry. ERISA does not require an employer to establish a pension plan. It only
requires that those wh…
ERISACourt RulingsMay 30, 1995
…ehensive regulation. Alessi v. Raybestos-Manhattan.
Inc., 451 U.S. 504 (1981); ERISA §2, 29 U.S.C. §1001.
Consequently, Congress included comprehensive provisions requiring
the disclosure and reporting of financial and other information. 29
U.S.C. §1001(b). Section 104(a)(1)(A) of the Act requires that
the administrato…