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, 2024★ strong match
… the rights of plan participants and beneficiaries as required by ERISA section 408(a) and Internal Revenue Code (Code) section 4975(c)(2).[9]
B. Fiduciary Status of Bankruptcy Trustees and Prohibited Transactions
81 FR 47534 — Proposed Revision of Annual Information Return/Reports ERISAProposed Rules (FR)Proposed Jul 21, 2016
…bility for Immediate Gain Methods.
Complete this line only if you use an immediate gain method (see Rev. Rul. 81-213, 1981-2 C.B. 101, for a definition of immediate gain method).
Lines 1c(2)(a), (b), and (c). Information for Plans Using Spread Gain Methods.
Complete these lines only if you use a spread gain method (see…
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
ust Company,
749 F.3d 671 (7th Cir. 2014).
Back to Citation
33.
See
Regulatory Impact Analysis, available at
www.dol.gov/ebsa.
Back to Citation
34. The alternative approaches are discussed in greater detail in the preamble to the Best Interest Contract Exemption, finalized elsewhere in this issue of the
Federal Reg…
ERISAFinal Rules (FR)May 17, 2024
…CA would be tax-deferred, similar to the treatment of fully paid individual annuity contracts under Rev. Rul. 2011-7, until amounts are actually paid to the participant or beneficiary. Contemporaneous with the publication of Rev. Rul. 2020-23, the IRS published Notice 2020-80, 2020-47 IRB 1060
requesting comments on th…
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…ally provided relief for certain transactions involving mutual fund principal underwriters that was revoked for transactions involving IRAs.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…
ERISACourt RulingsJun 26, 2013
…less than 100 participants is not required to file an
IQPA report.
Undisputed Facts Relevant to the 2006 Plan Year
5. HOE’s Plan 001 for plan year 2006 had in excess of 100 par ticipants, and therefore
was not exempt from filing an IQPA report.
6. HOE filed its annual report for plan year 2006 on or about October 15, 2…
85 FR 82798 — Prohibited Transaction Exemption 2020-02, Improving Investment Advice for Workers & Retirees ERISAFinal Rules (FR)Dec 18, 2020related by meaning
…SA section 3(21)(A)(ii); Code section 4975(e)(3)(B).
Back to Citation
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.
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
…13(g) governs “Standard of Conduct” and subsection (1) provides that “The Commission may promulgate rules to provide that the standard of conduct for all brokers, dealers, and investment advisers, when providing personalized investment advice about securities to retail customers (and such other customers as the Commiss…
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, 2016★ strong match
…
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 simply because he or she is …
84 FR 56894 — Default Electronic Disclosure by Employee Pension Benefit Plans Under ERISA ERISAProposed Rules (FR)Proposed Oct 23, 2019
…tain electronically furnished documents, the individual: First, is provided with a statement of the revised hardware or software requirements for access to and retention of electronically furnished documents; second, is given the right to withdraw consent without charge and without the imposition of any condition or co…
ERISAFinal Rules (FR)Apr 8, 2016★ strong match
…2005) and as amended at 75 FR 38837 (July 6, 2010).
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90.
See Section IV(c) of PTE 2006-16, 71 FR 63786 (Oct. 31, 2006).
Back to Citation
91.
Dodd-Frank Act section 913(d)(2)(B).
Back to Citation
92.
15 U.S.C. 80b-11(g)(1).
Back to Citation
93.
Dodd-Frank Act section 913(b)(1) and (c)(1).
Back to Ci…
76 FR 66136 — Investment Advice-Participants and Beneficiaries ERISAFinal Rules (FR)Oct 25, 2011★ strong match
… 17, 1978), 5 U.S.C. App. 1, 92 Stat. 3790, the authority of the Secretary of the Treasury to issue rulings under section 4975 of the Code has been transferred, with certain exceptions not here relevant, to the Secretary of Labor. Therefore, the references in this notice to specific sections of ERISA should be taken as…
85 FR 31884 — Default Electronic Disclosure by Employee Pension Benefit Plans Under ERISA ERISAFinal Rules (FR)May 27, 2020
…ces electronically to rely on either the Department's 2002 safe harbor or the Treasury Department's rule at 26 CFR 1.401(a)-21(c), relating to use of
( printed page 31908)
89 FR 32122 — Retirement Security Rule: Definition of an Investment Advice Fiduciary ERISAFinal Rules (FR)Apr 25, 2024related by meaning
…t to stay application of the definition or the exemptions pending an appeal of the district court's ruling.
Nat'l Assoc. for Fixed Annuities
v.
Perez,
No. 16-5345, 2016 BL 452075 (D.C. Cir. 2016).
Back to Citation
47.
NAFA,
217 F. Supp. 3d at 23, 27-28.
Back to Citation
48.
885 F.3d 676 (10th Cir. 2018);
see Thriven…
89 FR 32260 — Amendment to Prohibited Transaction Exemption 2020-02 ERISAFinal Rules (FR)Apr 25, 2024related by meaning
…ith the Conflict of Interest Obligation” under Regulation Best Interest).
Back to Citation
48.
See Rule 206(4)-7 (17 CFR 275.206(4)-7).
Back to Citation
49.
Reg BI Adopting Release at 33397.
Back to Citation
50.
Id.
at 33327.
Back to Citation
51.
Id.
at 33397.
Back to Citation
52.
See
supra
note 19.
Back to Cita…
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, 2015★ strong match
…red accordingly. Additionally, within the definitions section, the following definitions are new or revised: Independent (Section VII(f)), plan (Section VII(j)), individual retirement account (Section VII(k)), Related Entity (Section VII(l)), Best Interest (Section VII(m)), and Commission (VII(n)).
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10.…
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
…t of the PPA‟s amendment to the definition of “governmental plan” in section 414(d) of the Internal Revenue Code (“IRC”).
19
IRS
Notice 2006-89, 2006 I.R.B. 772 (Oct. 23, 2006).
20
The PPA amended the definition of
“governmental plan” as the term appears in 414(d) of the IRC and Section 1002(32) of
ERISA, and the defin…
88 FR 75890 — Retirement Security Rule: Definition of an Investment Advice Fiduciary ERISAProposed Rules (FR)Proposed Nov 3, 2023related by meaning
laws-and-regulations/rules-and-regulations/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.…
ERISADOL Technical ReleasesSep 13, 2011
…06-03 also states that "[f]or purposes of section 105, the Department, pending further guidance and review of the provisions of section 2520.104b-1(c), will view the furnishing of pension benefit statements in accordance with [Treasury regulation] section 1.401(a)-21,(2) as good faith compliance with the requirement to…
ERISAProposed Rules (FR)Proposed Nov 21, 2022
…ed VFC Program (including the new SC Component) when it becomes available. The preamble to the 2006 revision of the VFC Program stated that the definition of “Plan official” in cases of multiemployer plans or multiple employer plans was not limited so that an application could be made only by the “plan administrator” r…