89 FR 32122 — Retirement Security Rule: Definition of an Investment Advice Fiduciary ERISAFinal Rules (FR)Apr 25, 2024★ strong match
Id.
at 20997.
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37.
Id.
at 20949.
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38.
81 FR 21002 (Apr. 8, 2016).
Back to Citation
39.
81 FR 21089 (Apr. 8, 2016). Back to Citation
40.
81 FR 21002 (April 8, 2016).
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41.
Best Interest Contract Exemption, 81 FR 21002;
see also
ERISA section 408(a); Code section 4975(…
82 FR 16902 — Definition of the Term “Fiduciary”; Conflict of Interest Rule-Retirement Investment Advice; Best Interest Contract Exemption (Prohibited Transaction Exemption … ERISAFinal Rules (FR)Apr 7, 2017★ strong match
…ally provided relief for certain transactions involving mutual fund principal underwriters that was revoked for transactions involving IRAs. The applicability date of that revocation is also delayed until January 1, 2018; accordingly, such transactions can continue until that time subject to the applicability of the Im…
88 FR 75890 — Retirement Security Rule: Definition of an Investment Advice Fiduciary ERISAProposed Rules (FR)Proposed Nov 3, 2023
…completed-rulemaking/1210-AB32-2/ria.pdf.
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28.
See 81 FR 20946, 20964 (Apr. 8, 2016). Back to Citation
29.
Id.
at 20949 fn. 7 (citing Cerulli Associates, “U.S. Retirement Markets 2015”).
Back to Citation
30.
Id.
Back to Citation
31.
81 FR 21002 (Apr. 8, 2016).
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32.
81 FR 21089…
82 FR 41365 — Extension of Transition Period and Delay of Applicability Dates; Best Interest Contract Exemption (PTE 2016-01); Class Exemption for Principal Transactions in … ERISAProposed Rules (FR)Proposed Aug 31, 2017★ strong match
…t has also concluded that the impacts identified in the Regulatory Impact Analysis accompanying the 2016 final rule may still be used as a basis for estimating the potential impacts of that final rule. It has been determined that, for purposes of E.O. 13771, the impacts of the Fiduciary Rule that were identified in the…
82 FR 12319 — Definition of the Term “Fiduciary”; Conflict of Interest Rule-Retirement Investment Advice; Best Interest Contract Exemption (Prohibited Transaction Exemption … ERISAProposed Rules (FR)Proposed Mar 2, 2017★ strong match
8, 2016), as corrected at 81 FR 44773 (July 11, 2016)) is amended by removing the date “April 10, 2017” and adding in its place “June 9, 2017” as the Applicability date
in the introductory
DATES
section and in Section IX of the exemption.
The Class Exemption for Principal Transactions in Certain Assets Between Investm…
82 FR 56545 — 18-Month Extension of Transition Period and Delay of Applicability Dates; Best Interest Contract Exemption (PTE 2016-01); Class Exemption for Principal Transac… ERISAFinal Rules (FR)Nov 29, 2017★ strong match
…ns in Certain Assets Between Investment Advice Fiduciaries and Employee Benefit Plans and IRAs (PTE 2016-02), is amended as follows: A. The date “January 1, 2018” is deleted and “July 1, 2019” inserted in its place in the introductory
DATES
section.
B.
Section II(a)(1)(ii)
provides for the amendment of existing contrac…
89 FR 23090 — Amendment to Prohibited Transaction Class Exemption 84-14 for Transactions Determined by Independent Qualified Professional Asset Managers (the QPAM Exemption) ERISAFinal Rules (FR)Apr 3, 2024★ strong match
as well.
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52.
Section I(k) of the Proposed Amendment has been renumbered in the Final Amendment as Section I(j).
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53. The Department additionally clarifies that the certification of the independent audit would come at some point after an individual exemption is granted and the One-Year…
89 FR 43675 — Prohibited Transaction Exemption 2006-06 for Services Provided in Connection With the Termination of Abandoned Individual Account Plans ERISAFinal Rules (FR)May 17, 2024related by meaning
CFR 2550.404a-3. This safe harbor also is available to fiduciaries of terminated individual account plans that are not abandoned.
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4. 29 CFR 2520.103-13.
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5.
77 FR 74063; 77 FR 74056.
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6.
The proposal referred to these plans as “chapter 7 plans.” The new term “Chapter…
81 FR 47534 — Proposed Revision of Annual Information Return/Reports ERISAProposed Rules (FR)Proposed Jul 21, 2016
eport of Employee Benefit Plan”]
19a [2016 Line 15a]
Is this plan a 401(k) plan?
( printed page 47576)
☐ Yes ☐ No
If “No,” skip b.
19b [2016 Line 15b] How did the plan satisfy the nondiscrimination requirements for employee deferrals under section 401(k)(3)? Check all that apply
☐ Design-based safe harbor method
☐ “Pri…
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
oregoing, this condition does not apply to a trustee (other than a nondiscretionary trustee) that satisfies Section III(h) and (i) of this exemption.” III. Section IV(b)(1) is deleted, and Sections IV(b)(2) and (3) are redesignated as Sections IV(b)(1) and (2).
IV. Section IV(c) is amended to read as follows:
(c) Recap…
82 FR 7336 — Proposed Best Interest Contract Exemption for Insurance Intermediaries ERISAProposed Rules (FR)Proposed Jan 19, 2017
urity First Readies Advisors for DOL Rule” Available at
http://www.lifehealthpro.com/2016/09/07/eye-on-the-future-futurity-first-readies-advisors. Warren Hersch, September 16, 2016, “Not Ready to Become a DOL Compliance FI? Go partner with One” Available at
http://www.lifehealthpro.com/2016/09/16/not-ready-to-b…
85 FR 82798 — Prohibited Transaction Exemption 2020-02, Improving Investment Advice for Workers & Retirees ERISAFinal Rules (FR)Dec 18, 2020★ strong match
…SA section 3(21)(A)(ii); Code section 4975(e)(3)(B).
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145.
Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993).
Back to Citation
146.
Improving Regulation and Regulatory Review, 76 FR 3821 (Jan. 21, 2011).
Back to Citation
147.
82 FR 57664 — 18-Month Extension of Transition Period and Delay of Applicability Dates; Best Interest Contract Exemption (PTE 2016-01); Class Exemption for Principal Transac… ERISAFinal Rules (FR)Dec 7, 2017related by meaning
…kius LLP).” 2. On page 56559, second column, add the following language to the end of Congressional Review Act discussion: “Although the CRA generally requires that major rules become effective no sooner than 60 days after Congress receives the required report, the CRA allows the issuing agency to make a rule effective…
89 FR 32260 — Amendment to Prohibited Transaction Exemption 2020-02 ERISAFinal Rules (FR)Apr 25, 2024★ strong match
l revenues based upon its prior income tax year.
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24.
A few existing prohibited transaction exemptions apply to employers.
See, e.g., ERISA section 408(b)(5) (statutory exemption that provides relief for the purchase of life insurance, health insurance, or annuities, from an employer with respect to a …
91 FR 9213 — Requirement To Provide Paper Statements in Certain Cases-Amendments to Electronic Disclosure Safe Harbors ERISAProposed Rules (FR)Proposed Feb 25, 2026related by meaning
…n collections to the Office of Management and Budget (OMB) in accordance with 44 U.S.C. 3507(d) for review of its information collections. The Department and OMB are particularly interested in comments that:
Evaluate whether the collection of information is necessary for the proper performance of the functions of the a…
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
B in accordance with 44 U.S.C. 3507(d) for review of its information collections. The Department and OMB are particularly interested in comments that: Evaluate whether the collection of information is necessary for the functions of the agency, including whether the information will have practical utility;
Evaluate the …
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
Advisers and Broker-Dealers, January 2011, available at
https://www.sec.gov/news/studies/2011/913studyfinal.pdf,
pp.109-110.
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27. ERISA section 408(b)(2) and Code section 4975(d)(2) exempt certain arrangements between ERISA plans, IRAs, and non-ERISA plans, and service providers, that otherwise wo…
84 FR 213 — Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2019 ERISAFinal Rules (FR)Jan 23, 2019
…g Penalty assessed
Which penalty level applies
On or before November 2, 2015
On or before August 1, 2016
Pre-August 1, 2016 levels.
On or before November 2, 2015
After August 1, 2016
Pre-August 1, 2016 levels.
After November 2, 2015
After August 1, 2016, but on or before March 17, 2017
August 1, 2016 levels.
After Nove…
85 FR 2292 — Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2020 ERISAFinal Rules (FR)Jan 15, 2020
2017
August 1, 2016 levels.
After November 2, 2015
After March 17, 2017 but on or before January 2, 2018
March 17, 2017 levels.
After November 2, 2015 After January 2, 2018 but on or before January 23, 2019
January 2, 2018 levels.
After November 2, 2015
After January 23, 2019 but on or before January 15, 2020
January 2…
88 FR 9408 — Amendment and Restatement of Voluntary Fiduciary Correction Program ERISAProposed Rules (FR)Proposed Feb 14, 2023related by meaning
…ction 305 as it affects EPCRS that should be taken into account by the Department in making further revisions to the VFC Program and PTE 2002-51. Signed at Washington, DC, this 1st day of February, 2023.
Lisa M. Gomez,
Assistant Secretary, Employee Benefits Security Administration, Department of Labor.
Footnotes
1.
Un…