Search the Pension Law Library

1. 89 FR 32122 — Retirement Security Rule: Definition of an Investment Advice Fiduciary
   ERISAFinal Rules (FR)Apr 25, 2024★ strong match
   …of $76,015,692. Back to Citation 731.  The burden is estimated as: [(358 Financial Institutions + 4,320 Independent Producers) × (30 minutes ÷ 60 minutes)] ≉ 2,339 hours. A labor rate of approximately $165.71 is used for a legal professional and $165.29 is used for an independent producer. The labor rates are applied i…
2. 89 FR 32302 — Amendment to Prohibited Transaction Exemption 84-24
   ERISAFinal Rules (FR)Apr 25, 2024
   urers × (30 minutes ÷ 60 minutes)) × $165.71] + [(4,320 Independent Producers × (30 minutes ÷ 60 minutes)) × $165.71] ≉ $386,657. Back to Citation 85.  The burden is estimated as: (358 Insurers + 4,320 Independent Producers) × 1 hour ≉ 4,678 hours. A labor rate of approximately $165.71 is used for a legal professional …
3. 88 FR 75890 — Retirement Security Rule: Definition of an Investment Advice Fiduciary
   ERISAProposed Rules (FR)Proposed Nov 3, 2023
   2011), 320, https://www.nber.org/​system/​files/​working_​papers/​w17664/​w17664.pdf. Back to Citation 571.  For example: Randall A. Heron & Erik Lie, Does Backdating Explain the Stock Price Pattern Around Executive Stock Option Grants?, 83(2) Journal of Financial Economics 271-295 (2007).; Randall A. Heron & Erik Lie,…
4. ERISA § 502(m) (29 U.S.C. § 1132) — Civil enforcement
   ERISACode / StatuteJan 6, 2025related by meaning
   (m) (m) Penalty for improper distribution In the case of a distribution to a pension plan participant or beneficiary in violation of section 1056(e) of this title by a plan fiduciary, the Secretary shall assess a penalty against such fiduciary in an amount equal to the value of the distribution. Such penalty shall not …
5. 91 FR 4348 — Improving Transparency Into Pharmacy Benefit Manager Fee Disclosure
   ERISAProposed Rules (FR)Proposed Jan 30, 2026
   …ard PBMs for their prescription drug services, resulting in a transfer of business across PBM type.[320] 10.2.4. Transfers From PBM Affiliated Pharmacies to Unaffiliated Pharmacies
6. DOL Office of Administrative Law Judges — U.S. DEPARTMENT OF LABOR, PENSION AND WELFARE BENEFITS ADMINISTRATION v. RICHARD L. SMITH and SMITH ADMINISTRATORS
   ERISACourt RulingsJan 20, 1998
   …nd Respondent Smith individually executed a second promissory note in favor of TC in the amount of $320,000.00 (hereinafter "Smith loan"). Exs. C7 & C31. Apparently, a portion of these loan proceeds were then used to repay $419,560.56 to the Medical Trust Fund, the total amount, including accrued interest, that had pre…
7. ERISA § 3022(a)(6) (29 U.S.C. § 1222) — Duties
   ERISACode / StatuteJan 4, 1995related by meaning
   (a)(6) (6) such other matter as any of the committees referred to in section 1221 of this title may refer to it.
8. 81 FR 21002 — Best Interest Contract Exemption
   ERISAFinal Rules (FR)Apr 8, 2016
   …osures and Contracts The Department estimates that 1.1 million Retirement Investors with respect to ERISA plans and 29.9 million Retirement Investors with respect to IRAs and non-ERISA plans will receive a three-page transition disclosure during the first year. Additionally, 1.1 million Retirement Investors with respec…
9. ERISA § 404(d)(1)(B)(iii) (29 U.S.C. § 1104) — Fiduciary duties
   ERISACode / StatuteJan 6, 2025related by meaning
   (d)(1)(B)(iii) (iii) under section 4980(d)(2)(C) of title 26 with respect to the allocation of assets to participants of the qualified replacement plan. (d)(2) (2) For purposes of this subsection— (d)(2)(A) (A) any term used in this subsection which is also used in section 4980(d) of title 26 shall have the same meanin…
10. ERISA § 206(a)(3) (29 U.S.C. § 1056) — Form and payment of benefits
    ERISACode / StatuteJan 6, 2025related by meaning
    (a)(3) (3) the participant terminates his service with the employer.
11. ERISA § 305A(h)(4)(D) (29 U.S.C. § 1085a) — Minimum funding standards
    ERISACode / StatuteJan 6, 2025related by meaning
    (h)(4)(D) (D) Election An employer may elect not to have this subparagraph apply. Such an election, once made, may be revoked only with the consent of the Secretary of the Treasury.
12. ERISA § 3(37)(G)(vii) (29 U.S.C. § 1002) — Definitions
    ERISACode / StatuteJan 6, 2025related by meaning
    (37)(G)(vii) (vii) For purposes of this chapter and title 26, a plan making an election under this subparagraph shall be treated as maintained pursuant to a collective bargaining agreement if a collective bargaining agreement, expressly or otherwise, provides for or permits employer contributions to the plan by one or …
13. TR 2026-01 — Technical Release 2026-01
    ERISADOL Technical ReleasesApr 1, 2026
    l within its sphere, even including state laws that are consistent with ERISA’s substantive requirements.” Mackey v. Lanier, 486 U.S. 825, 829 (1988). Under the first prong, a state law has an impermissible “connection with” ERISA plans if it “governs a central matter of plan administration,” thereby “interfer[ing] wit…
14. 81 FR 20946 — Definition of the Term “Fiduciary”; Conflict of Interest Rule-Retirement Investment Advice
    ERISAFinal Rules (FR)Apr 8, 2016
    …act analysis for the accompanying rule, 63 percent of Registered Investment Advisers (RIAs) service ERISA-covered plans and IRAs. The Department conservatively interprets this to mean that all of the 113 large RIAs, 63 percent of the 3,021 medium RIAs (1,903), and 63 percent of the 24,475 small RIAs (15,419) work with …
15. ERISA § 104(e) (29 U.S.C. § 1024) — Filing with Secretary and furnishing information to participants and certain employers
    ERISACode / StatuteJan 6, 2025related by meaning
    (e) (e) Cross references For regulations respecting coordination of reports to the Secretaries of Labor and the Treasury, see section 1204 of this title.
16. ERISA § 4(b)(5) (29 U.S.C. § 1003) — Coverage
    ERISACode / StatuteJan 6, 2017related by meaning
    (b)(5) (5) such plan is an excess benefit plan (as defined in section 1002(36) of this title) and is unfunded.
17. 75 FR 41600 — Reasonable Contract or Arrangement Under Section 408(b)(2)-Fee Disclosure
    ERISAFinal Rules (FR)Jul 16, 2010
    …ivalent cost of $104 million. The total three-year average hour burden for plans is estimated to be 320,000 hours with an equivalent cost of $20.1 million. The total three-year average hour burden of the regulation is estimated to be 1.7 million hours with an equivalent cost of $124 million. Table 12—Hour Burden   Year…
18. ERISA § 507(b) (29 U.S.C. § 1137) — Administration
    ERISACode / StatuteJan 8, 2008related by meaning
    (b) (b) Omitted.
19. 88 FR 54511 — Request for Information-SECURE 2.0 Reporting and Disclosure
    ERISAProposed Rules (FR)Proposed Aug 11, 2023
    Section 320 of SECURE 2.0 amended ERISA by inserting a new section 111, applicable for plan years beginning after December 31, 2022. Section 111 provides that, with respect to individual account plans, no required disclosure, notice, or other plan document, must be furnished to unenrolled participants, subject to two e…
20. ERISA § 412(a) (29 U.S.C. § 1112) — Bonding
    ERISACode / StatuteJan 6, 2025related by meaning
    (a) (a) Requisite bonding of plan officials Every fiduciary of an employee benefit plan and every person who handles funds or other property of such a plan (hereafter in this section referred to as "plan official") shall be bonded as provided in this section; except that—