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…
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
…ack to Citation
12.
15 U.S.C. 80a-2(a)(29).
Back to Citation
13.
Advisory Opinion 80-30A (May 21, 1980).
Back to Citation
14.
81 FR 43430 — Department of Labor Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments ERISAFinal Rules (FR)Jul 1, 2016
…notes
1.
OMB Mem. M-16-06 (Feb. 24, 2016),
https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m-16-06.pdf.
Back to Citation
2.
OMB has provided the relevant year-over-year multipliers, rounded to 5 decimal points.
Id.
at 6.
Back to Citation
3.
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
tion.
Back to Citation
14.
67 FR 64137 (October 17, 2002).
Back to Citation
15.
See
Advisory Opinion 2011-08A (June 21, 2011).
Back to Citation
16. As noted above, for purposes of this amendment, the terms “Individual Retirement Account” or “IRA” mean any account or annuity described in Code section 4975(e)(1)(B) t…
87 FR 70753 — Prohibited Transaction Exemption (PTE) 2002-51 To Permit Certain Transactions Identified in the Voluntary Fiduciary Correction Program ERISAProposed Rules (FR)Proposed Nov 21, 2022related by meaning
he Department no longer believes that posting the notification is reasonably calculated to ensure that interested persons actually receive the notice. The Department has reviewed several notices to interested persons submitted to the applicable Regional Offices and found that some of them do not meet the applicable req…
90 FR 4192 — Voluntary Fiduciary Correction Program ERISAFinal Rules (FR)Jan 15, 2025★ strong match
…pay date. Company A should have remitted participant contributions for the pay date ending March 2, 2001 to the plan by March 16, 2001, the Loss Date, but actually remitted them on April 13, 2001, the Recovery Date. In early 2004, a Plan Official discovers that participant contributions for this pay period were not rem…
88 FR 87968 — Definition of “Employer”-Association Health Plans ERISAProposed Rules (FR)Proposed Dec 20, 2023
… at
www.dol.gov/agencies/ebsa/employers-and-advisers/guidance/advisory-opinions/1994-07a,
and 2001-04A (Mar. 22, 2001), available at
www.dol.gov/agencies/ebsa/employers-andadvisers/guidance/advisory-opinions/2001-04a.
Back to Citation
77.
89 FR 34106 — Definition of “Employer”-Association Health Plans ERISAFinal Rules (FR)Apr 30, 2024
… at
www.dol.gov/agencies/ebsa/employers-and-advisers/guidance/advisory-opinions/1994-07a,
and 2001-04A (Mar. 22, 2001), available at www.dol.gov/agencies/ebsa/employers-andadvisers/guidance/advisory-opinions/2001-04a.
Back to Citation
91.
Health plans that do not include benefits that non-grandfathered sma…
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
s) earned in connection with the transactions covered by the exemption.
Back to Citation
7.
67 FR 64137 (October 17, 2002).
Back to Citation
8.
See Advisory Opinion 2011-08A (June 21, 2011).
Back to Citation
9.
This proposal would move the definitions from Section I to Section VII. The other sections are re-ordered…
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…
ERISAProposed Rules (FR)Proposed Nov 21, 2022
…pay date. Company A should have remitted participant contributions for the pay date ending March 2, 2001 to the plan by March 16, 2001, the Loss Date, but actually remitted them on April 13, 2001, the Recovery Date. In early 2004, a Plan Official discovers that participant contributions for this pay period were not rem…
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
…94 (Mar. 13, 1984) as corrected at 50 FR 41430 (Oct. 10, 1985), as amended at 66 FR 54541 (Oct. 29, 2001), 70 FR 49305 (Aug. 23, 2005), and 75 FR 38837 (July 6, 2010).
Back to Citation
7.
As further discussed below, the Department has substituted the term “transition period” for the term “winding-down period” that it …
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
…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 the best interest sta…
ERISACourt RulingsNov 10, 2015
… of this matter” by
failing to comply with the regulations at 29 C.F.R. § 2560.502(c)(2)(e) - (f). (Memo in Support at
2 Respondent appears to be arguing that the May 20, 2015 letter s hould be considered the applicable Notice of Intent
to Assess a Penalty .
3
On September 11, 2015, this Office faxed counsel for Respon…
91 FR 16088 — Fiduciary Duties in Selecting Designated Investment Alternatives ERISAProposed Rules (FR)Proposed Mar 31, 2026
…ty, hedge funds, real estate, and commodities.[190]
When considering the entire time period between 2001 and 2022, he did not find a statistically significant relationship between net returns and allocations to private equity, real estate, or commodities, though allocations to hedge funds were associated with lower por…
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
…urities Transactions Involving Employee Benefit Plans and Broker-Dealers, 51 FR 41686 (November 18, 1986), as amended, 67 FR 64137 (October 17, 2002), as further amended elsewhere in this issue of the
Federal Register
.
Back to Citation
11.
40 FR 50845 (October 31, 1975), as amended, 71 FR 5883 (February 3, 2006).
Bac…
83 FR 28912 — Definition of “Employer” Under Section 3(5) of ERISA-Association Health Plans ERISAFinal Rules (FR)Jun 21, 2018
…A at
www.dol.gov/agencies/ebsa/employers-and-advisers/guidance/advisory-opinions/2003-17a;
AO 2001-04A at
www.dol.gov/agencies/ebsa/employers-and-advisers/guidance/advisory-opinions/2001-04a;
AO 96-25A at
www.dol.gov/agencies/ebsa/employers-and-advisers/guidance/advisory-opinions/1996-25a.
Back to Cit…
76 FR 66136 — Investment Advice-Participants and Beneficiaries ERISAFinal Rules (FR)Oct 25, 2011★ strong match
001-09A (December 14, 2001); and AO 97-15A (May 22, 1997).
Back to Citation
5.
Public Law 109-280, 120 Stat. 780 (Aug. 17, 2006).
Back to Citation
6. Under Reorganization Plan No. 4 of 1978 (43 FR 47713, Oct. 17, 1978), 5 U.S.C. App. 1, 92 Stat. 3790, the authority of the Secretary of the Treasury to issue rulings un…
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
…uity under the PPA [Pension
Protection Act] must be construed by E BSA in favor of the Tribe.” WMAT Memo in Supp. at 10. Respondent‟s Cross-motion further requests the Court find WMAT is “not required to file an
IQPA report as part of its operational compliance requirements under the PPA transition rules
prior to the d…
ERISADOL Technical ReleasesDec 2, 2011
… to enrollees, if the issuer's MLR fails to meet minimum requirements.
See, e.g., Advisory Opinions 2001-02A (Feb. 15, 2001); 99-08A (May 20, 1999); 94-31A (Sept. 9, 1994); and 92-02A (Jan. 17, 1992).
See id. and DOL Information Letter to Theodore Groom (Feb. 15, 2001).
See Field Assistance Bulletin 2006-01 (April 19, …