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, 2016★ strong match
…Notice 12-25, p. 3 (2012).
Back to Citation
37.
Donovan
v.
Mazzola,
716 F.2d 1226, 1232 (9th Cir. 1983).
Back to Citation
38. One commenter requested an adjustment to the “prudence” component of the Best Interest Standard, under which the standard would be that of a “prudent person serving clients with similar retir…
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, 2016★ strong match
…Notice 12-25, p. 3 (2012).
Back to Citation
54.
Donovan
v.
Mazzola,
716 F.2d 1226, 1232 (9th Cir. 1983).
Back to Citation
55. One commenter requested an adjustment to the “prudence” component of the Best Interest standard, under which the standard would be that of a “prudent person serving clients with similar retir…
ERISACourt RulingsAug 25, 1995★ strong match
… the interest of MPEHA. Cutaiar,
590 F.2d at 530; Davidson v. Cook, 567 F. Supp. 225, 237
(E.D. Va. 1983). Moreover, despite the fact that $150,000.00 of
plan assets were transferred to them, AMCI and Taggart performed
none of the consulting services specified in the contract.
Section 406 and
[PAGE 5]
the section 502(i…
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
e use of the SCC and suggested that the Department should allow self-correctors to choose whether (a) to provide notice to interested persons (but
not to EBSA) or (b) make the plan contribution. After considering these comments, the Department has not made this change. Self-correctors have a streamlined procedure for s…
29 C.F.R. § 2510.3-40(b)(4)(i) — Plans Established or Maintained Under or Pursuant to Collective Bargaining Agreements Under Section 3(40)(A) of ERISA. ERISARegulationsJan 1, 2017
…has maintained a series of agreements incorporating or referencing the plan since before January 1, 1983;
89 FR 32122 — Retirement Security Rule: Definition of an Investment Advice Fiduciary ERISAFinal Rules (FR)Apr 25, 2024
… commissions).
Back to Citation
145.
See e.g., U.S. Department of Labor Adv. Op. 83-60A (Nov. 21, 1983) (Rejecting the interpretation that fiduciary status under ERISA section 3(21)(A)(ii) would not attach to broker-dealers unless a broker-dealer provides investment advice for distinct, non-transactional compensation…
88 FR 75890 — Retirement Security Rule: Definition of an Investment Advice Fiduciary ERISAProposed Rules (FR)Proposed Nov 3, 2023
agencies/ebsa/about-ebsa/our-activities/resource-center/advisory-opinions/1983-60a.
Back to Citation
133.
Id.
Back to Citation
134.
Id.; see Letter from the Department of Labor to the Securities Industry Association (Mar. 1, 1984) (declining to modify this position);
see also
IB 96-1, 61 FR 29586, 29589 at fn…
AO 2025-03A — Concluding that the deferred incentive compensation program offered by Morgan Stanley Smith Barney LLC qualifies as an exempt "bonus program" under 29 C.F.R. §… ERISADOL Advisory OpinionsSep 9, 2025
…me until retirement. See Advisory Opinion 98 -02A (Mar. 6, 1998); Advisory
Opinion 83-46A (Sept. 8, 1983) ; Advisory Opinion 83-42A (Sept. 8, 1983); Advisory Opinion
81-27A (Mar. 9, 1981). T aking into account both the program’s design and operative provisions,
its annual disclosures, the data on when most awards were …
89 FR 32302 — Amendment to Prohibited Transaction Exemption 84-24 ERISAFinal Rules (FR)Apr 25, 2024related by meaning
als issued by the SEC or its staff, the Department retains interpretive authority with respect to satisfaction of this exemption.
Back to Citation
12. To the extent a party receives ongoing compensation for a recommendation that was made before the Applicability Date, including through a systematic purchase payment or…
85 FR 82798 — Prohibited Transaction Exemption 2020-02, Improving Investment Advice for Workers & Retirees ERISAFinal Rules (FR)Dec 18, 2020★ strong match
ired notice and comment rulemaking, citing
Am. Min. Cong.
v.
Mine Safety & Health Admin.,
995 F.2d 1106, 1112 (D.C. Cir. 1993), and
Chao
v.
Rothermel, 327 F.3d 223, 227 (3d Cir. 2003). The Department disagrees that the factors cited in these cases are satisfied. In this regard, there would be an adequate legislative ba…
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
this provision undermines the careful balance of labor relations in this country and argued that it is preempted by the National Labor Relations Act. After consideration of the comments, the Department has deleted the proposed recordkeeping requirements applicable to Section VII of PTE 86-128. However, as with PTE 202…
ERISARegulationsJan 1, 2017
…982. On January 1, 1984 (before the end of the eligibility computation period beginning February 1, 1983) C is rehired by Y and is credited with an hour of service for the performance of duties. C is therefore treated as having a new reemployment commencement date January 1, 1984. C fails to be credited with more than …
81 FR 43430 — Department of Labor Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments ERISAFinal Rules (FR)Jul 1, 2016
he Prior Inflation Adjustment Act was set in 1983 and is the same as the existing maximum penalty amount.
See
MSPA, Public Law 97-470 (Jan. 14, 1983). To adjust the existing civil money penalty for this paragraph, the Department multiplied that maximum penalty amount by the inflation adjustment factor for 1983 of 2.354…
89 FR 34106 — Definition of “Employer”-Association Health Plans ERISAFinal Rules (FR)Apr 30, 2024
…1977) quoted in Cong. Rec. (daily ed. May 21, 1982) (statement of Rep. Erlenborn). States, prior to 1983, were effectively precluded by ERISA's broad preemption provisions from regulating any employee benefit plan covered by Title I of ERISA. As a result, a State's ability to regulate MEWAs was often dependent on wheth…
81 FR 47534 — Proposed Revision of Annual Information Return/Reports ERISAProposed Rules (FR)Proposed Jul 21, 2016
…ty
1
1971 Group Annuity Mortality (G.A.M.)
2
1971 Individual Annuity Mortality (I.A.M.)
3
UP-1984
4
1983 I.A.M
5
1983 G.A.M
6
1983 G.A.M. (solely per Rev. Rul. 95-28)
7
UP-1994
8
Mortality table applicable to current plan year under section 1.431(c)(6)-1 of the Income Tax Regulations
9
RP-2000
10
RP-2000 (with Blue Col…
90 FR 28004 — Removal of Interpretive Bulletins Relating to the Employee Retirement Income Security Act of 1974 ERISAFinal Rules (FR)Jul 1, 2025related by meaning
977) (“The attention of interested parties is directed to the fact that regulation 2550.408c-2 replaces Interpretive Bulletin 75-6”).
Back to Citation 7.
41 FR 3289 (Jan. 22, 1976).
Back to Citation
8.
43 FR 47713 (Oct. 17, 1978). Congress subsequently ratified Reorganization Plan No. 4 in 1984. See Sec. 1, Public La…
ERISARegulationsJan 1, 2017
…ring one-year breaks in service for purposes of eligibility to participate). Thus, as of January 1, 1983, the employee is credited with six years of service for purposes of eligibility to participate and is credited with one year of participation. In accordance with section 203(b)(1)(A) of the Act and section 411(a)(4)…
83 FR 53534 — Definition of “Employer” Under Section 3(5) of ERISA-Association Retirement Plans and Other Multiple-Employer Plans ERISAProposed Rules (FR)Proposed Oct 23, 2018
…visory Opinion 96-25A).
Back to Citation
22.
See83 FR 28912;
see also
Advisory Opinions 2012-04A, 1983-21A, 1983-15A, and 1981-44A.
Back to Citation
23.
83 FR 28914, 28917.
Back to Citation
24.
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…
83 FR 614 — Definition of “Employer” Under Section 3(5) of ERISA-Association Health Plans ERISAProposed Rules (FR)Proposed Jan 5, 2018
Congress has enacted reforms to curb MEWA abuse. Prior to 1983, a number of States attempted to subject MEWAs to State insurance law requirements but were frustrated in their regulatory and enforcement efforts by MEWA-promoter claims of ERISA-plan status and federal preemption. Recognizing that it was both appropriate …