89 FR 32260 — Amendment to Prohibited Transaction Exemption 2020-02 ERISAFinal Rules (FR)Apr 25, 2024related by meaning
Treasury. This clarification was in the preamble to the December 2020 grant of PTE 2020-02, and the Department is now adding it to the operative text. Although the proposed broader recordkeeping condition is consistent with other exemptions, the Department understands commenters' concerns that broader access to the doc…
88 FR 75979 — Proposed Amendment to Prohibited Transaction Exemption 2020-02 ERISAProposed Rules (FR)Proposed Nov 3, 2023related by meaning
at fact. This description must be written in plain English, taking into consideration a Retirement Investor's level of financial
( printed page 75985) experience. As explained previously in the preamble to final PTE 2020-02 published in 2020, the Department anticipates Financial Institutions are able to satisfy this di…
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
…nd 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 contracts by negative consent. The date “January 1, 2018” is deleted where it appears in this …
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
nd in its text, PTE 2020-02 has been broadly amended to encompass compensation for advice irrespective of the product recommended.
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6. ERISA section 408(a) and Code section 4975(c)(2), expressly permit the Department (through the Reorganization Plan No. 4 of 1978) to grant “a conditional or uncondition…
85 FR 40834 — Improving Investment Advice for Workers & Retirees ERISAProposed Rules (FR)Proposed Jul 7, 2020★ strong match
…EC registered versus state only) and retail status (retail versus nonretail).
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86. 2019 Investment Management Compliance Testing Survey,
supra
note 79.
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87.
SEC Standards of Conduct Rulemaking: What It Means for RIAs,
Investment Adviser Association (July 2019),
https://higherlogicdown…
84 FR 213 — Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2019 ERISAFinal Rules (FR)Jan 23, 2019
…18
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
January 23, 2019 levels.
Civil Monetary Penalties for Other DOL Programs
Violations occurring
Penalty assessed
Which penalty level applies
On or …
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
…E 2016-01) would be amended as follows: A. The date “January 1, 2018” would be deleted and “July 1, 2019” inserted in its place in the introductory
DATES
section.
B.
Section II(h)(4)—Level Fee Fiduciaries
provides streamlined conditions for “Level Fee Fiduciaries.” The date “January 1, 2018” would be deleted and “July …
89 FR 34106 — Definition of “Employer”-Association Health Plans ERISAFinal Rules (FR)Apr 30, 2024
…rately decided to proceed with the rescission of the 2018 AHP Rule, while reserving judgment on the 2019 ARP Rule, is neither probative nor suggestive of an arbitrary and capricious process either in the case of this final rule or with respect to future action, if any, taken on the 2019 ARP Rule. In much the same way t…
85 FR 81658 — Fiduciary Duties Regarding Proxy Voting and Shareholder Rights ERISAFinal Rules (FR)Dec 16, 2020
… Trends on E&S Issues from 2000 to 2018,
Harvard Law School Forum on Corporate Governance (Jan. 31, 2019),
https://corpgov.law.harvard.edu/2019/01/31/the-long-view-us-proxy-voting-trends-on-es-issues-from-2000-to-2018,
(2019 ISS Proxy Voting Trends).
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21.
See, e.g.,
Commission Guidance Regarding P…
86 FR 57272 — Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights ERISAProposed Rules (FR)Proposed Oct 14, 2021
…/files/2018%2007%20NEPC%20ESG%20Survey%20Results%20.pdf?t=1532123276859.
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69.
2019 ESG Survey,
Callan Institute (2019),
www.callan.com/wp-content/uploads/2019/09/2019-ESG-Survey.pdf.
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70.
DOL calculations are based on statistics from
Private Pension Plan Bulletin: Abstract of…
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
, correct footnote 66 to read “
See, e.g.,
Comment Letter #121 (HSBC North America Holdings Inc.); Comment Letter #124 (Morgan, Lewis & Bockius 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 beco…
85 FR 39113 — Financial Factors in Selecting Plan Investments ERISAProposed Rules (FR)Proposed Jun 30, 2020
…/files/2018%2007%20NEPC%20ESG%20Survey%20Results%20.pdf?t=1532123276859.
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38.
2019 ESG Survey,
Callan Institute (2019),
www.callan.com/wp-content/uploads/2019/09/2019-ESG-Survey.pdf.
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39.
DOL calculations are based on statistics from
Private Pension Plan Bulletin: Abstract of…
85 FR 82798 — Prohibited Transaction Exemption 2020-02, Improving Investment Advice for Workers & Retirees ERISAFinal Rules (FR)Dec 18, 2020
…
SEC Standards of Conduct Rulemaking: What It Means for RIAs,
Investment Adviser Association (July 2019), https://higherlogicdownload.s3.amazonaws.com/INVESTMENTADVISER/aa03843e-7981-46b2-aa49-c572f2ddb7e8/UploadedImages/resources/IAA-Staff-Analysis-Standards-of-Conduct-Rulemaking2.pdf.
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164.
Thi…
85 FR 31884 — Default Electronic Disclosure by Employee Pension Benefit Plans Under ERISA ERISAFinal Rules (FR)May 27, 2020
…ment Size Class, 2010-2016.
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134.
Cerulli,
supra
note 128.
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135.
2019 Defined Contribution Benchmarking Survey Report,
Deloitte, 2019.
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136.
2019 Defined Contribution Benchmarking Survey Report,
Deloitte, 2019, at 20. (In 2015, 50 percent of plan sponsors reported to…
89 FR 32122 — Retirement Security Rule: Definition of an Investment Advice Fiduciary ERISAFinal Rules (FR)Apr 25, 2024
A-IA-Report-Online.pdf.
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488.
Investment Adviser Association,
2019 Investment Management Compliance Testing Survey,
(June 18, 2019), https://higherlogicdownload.s3.amazonaws.com/INVESTMENTADVISER/aa03843e-7981-46b2-aa49-c572f2ddb7e8/UploadedImages/about/190618_IMCTS_slides_after_webcast_edit…
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
act me if you have any questions at [Insert Telephone Number of a Person Employed by the Applicant Who Is Knowledgeable About this Matter].
Sincerely, [Insert Name and Title of Person Employed by the Applicant]
Footnotes
1.
Under Reorganization Plan No. 4 of 1978, 5 U.S.C. App., the authority of the Secretary of Treas…
85 FR 59132 — Pension Benefit Statements-Lifetime Income Illustrations ERISAFinal Rules (FR)Sep 18, 2020
Plan Sponsor Council of America (2019). This survey reported on the 2018 plan year experience of 608 defined contribution plans.
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47. The 112,681 and 550,148 figures are calculated by multiplying the number of all plans (662,829) by the percentage of plans providing lifetime income illustrations (17 p…
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.
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14.
67 FR 64137 (October 17, 2002).
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15.
See
Advisory Opinion 2011-08A (June 21, 2011).
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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 45204 — Proposed Amendment to Prohibited Transaction Class Exemption 84-14 (the QPAM Exemption) ERISAProposed Rules (FR)Proposed Jul 27, 2022★ strong match
…providers. Therefore, the Department estimates that there were 0.44 * 1390 = 616 potential QPAMs in 2019.
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73. The Department counted in total 1390 service providers who provided services of “Investment Management” and “Named Fiduciary,” of which only 765 reported their business code. Out of these 765 …
84 FR 37508 — Definition of “Employer” Under Section 3(5) of ERISA-Association Retirement Plans and Other Multiple-Employer Plans ERISAFinal Rules (FR)Jul 31, 2019
…intained by PEOs).
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10. The SECURE Act had originally been introduced on March 22, 2019 on a bipartisan basis by House Ways and Means Chairman Richard Neal (D-MA), Ranking Member Kevin Brady (R-TX), Rep. Mike Kelly (R-PA) and Rep. Ron Kind (D-WI). The SECURE Act contains the MEP provisions found in S. …