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Go to T.C. Memo. 2021-64 (not yet in the library — opens the official source)
39 documents · 0.10sAllIRCERISAPBGCJoint Board
  1. 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…
  2. 87 FR 73822 — Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights
    ERISAFinal Rules (FR)Dec 1, 2022
    …y-season/​. Back to Citation 255.   Id. Back to Citation 256.  Jackie Cook and Lauren Solberg, “The 2021 Proxy Season in Charts,” Morningstar (August 2021), https://www.morningstar.com/​articles/​1052234/​the-2021-proxy-voting-season-in-7-charts. Back to Citation 257.  Dan Konigsburg, Sharon Thorne, and Stephen Cahill,…
  3. 88 FR 75979 — Proposed Amendment to Prohibited Transaction Exemption 2020-02
    ERISAProposed Rules (FR)Proposed Nov 3, 2023★ strong match
    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…
  4. 91 FR 4348 — Improving Transparency Into Pharmacy Benefit Manager Fee Disclosure
    ERISAProposed Rules (FR)Proposed Jan 30, 2026
    …ommittee on Finance, Insulin: Examining the Factors Driving the Rising Cost of a Century Old Drug, (2021), https://www.finance.senate.gov/​imo/​media/​doc/​Insulin%20Committee%20Print.pdf. Back to Citation 235.  Van Nuys K, Ribero R, Ryan M, Sood N. Estimation of the Share of Net Expenditures on Insulin Captured by US …
  5. 89 FR 32122 — Retirement Security Rule: Definition of an Investment Advice Fiduciary
    ERISAFinal Rules (FR)Apr 25, 2024
    hetical Retired Workers, Actuarial Note, 2021.9, Tables B & D (Aug. 2021), https://www.ssa.gov/​oact/​NOTES/​ran9/​an2021-9.pdf. Back to Citation 310.  Investors have suffered significant losses when an Investment Professional does not act in the investor's best interest. For example, in 2021, the SEC settled with Teac…
  6. 88 FR 11793 — Annual Reporting and Disclosure
    ERISAFinal Rules (FR)Feb 24, 2023
    … designated these MEPs with pooled plan providers as pooled employer plans (PEPs). On September 15, 2021, the Agencies published a notice of proposed forms revisions (NPFR) proposing amendments to the Form 5500 Annual Return/Report to implement annual reporting changes related to legislative provisions in the SECURE Ac…
  7. 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…
  8. 88 FR 75890 — Retirement Security Rule: Definition of an Investment Advice Fiduciary
    ERISAProposed Rules (FR)Proposed Nov 3, 2023★ strong match
    ical Retired Workers, Actuarial Note, 2021.9, Tables B & D, (August 2021), https://www.ssa.gov/​oact/​NOTES/​ran9/​an2021-9.pdf. Back to Citation 170.  Investors have suffered significant losses when an investment professional does not act in the investor's best interest. For example, in 2021, the SEC settled with Teac…
  9. 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, 2017related by meaning
    y should include a corresponding extension of Field Assistance Bulletin 2017-02. As firms are already subject to the Impartial Conduct Standards . . . we believe a corresponding extension of FAB 2017-02 will benefit financial service providers without harming retirement investors, while retaining enforcement powers for…
  10. 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
    …t, 2023, Public Law 117 328, 136 Stat. 4459 (2022). Back to Citation 7.  As described in Rev. Proc. 2021-30, or any successor guidance). Back to Citation 8.  The term pension plans include both defined contribution plans and defined benefit plans. See ERISA section 3(34) and 3(35). Back to Citation 9.  As noted above, …
  11. 86 FR 73976 — Revision of Annual Information Return/Reports
    ERISAFinal Rules (FR)Dec 29, 2021
    …urn/Report of Small Employee Benefit Plan effective for plan years beginning on or after January 1, 2021. These final revisions to the instructions were included in a broader proposal of form and instruction changes published on September 15, 2021. The limited number of instruction changes in this document implement an…
  12. 87 FR 71164 — Voluntary Fiduciary Correction Program
    ERISAProposed Rules (FR)Proposed Nov 21, 2022★ strong match
    ation 29.  Internal DOL calculation based on 2021 labor cost data. For a description of the Department's methodology for calculating labor rates, see: https://www.dol.gov/​sites/​dolgov/​files/​EBSA/​laws-and-regulations/​rules-and-regulations/​technical-appendices/​labor-cost-inputs-used-in-ebsa-opr-ria-and-pra-burden…
  13. 86 FR 57272 — Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights
    ERISAProposed Rules (FR)Proposed Oct 14, 2021
    …orcement of its Final Rules on ESG Investments and Proxy Voting by Employee Benefit Plans (Mar. 10, 2021).[6] On May 20, 2021, the President signed Executive Order 14030 (E.O. 14030), titled “Executive Order on Climate-Related Financial Risk,” 86 FR 27967 (May 25, 2021). The policies set forth in section 1 of E.O. 1403…
  14. 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…
  15. 91 FR 13503 — Retirement Security Rule: Definition of an Investment Advice Fiduciary: Notice of Court Vacatur
    ERISAFinal Rules (FR)Mar 20, 2026related by meaning
    sequence of the courts' vacaturs, the Department, in this document, clarifies its view that the entire preamble of PTE 2020-02 is effectively vacated. What is not ambiguous, however, is that neither district court questioned the procedural aspects of the Department's grant of PTE 2020-02, including the Department's req…
  16. 89 FR 32302 — Amendment to Prohibited Transaction Exemption 84-24
    ERISAFinal Rules (FR)Apr 25, 2024related by meaning
    parate class prohibited transaction exemption if one is available or may apply for an individual prohibited transaction exemption from the Department. Most of the comments the Department received on eligibility were combined with the comments submitted under PTE 2020-02 and were essentially the same. Those comments dir…
  17. DOL EBSA (final agency order) — USDOL, EMPLOYEE BENEFITS SECURITY ADMINISTRATION v. WORLD MANAGEMENT, INC., Order of Dismissal (ALJ Feb. 20, 2024) (Rosenow) PDF 2018-RIS-53 USDOL, EMPLOYEE BE…
    ERISACourt RulingsJan 26, 2021
    …tment ’s enforcement of civil penalty assessments under ERISA Sections 502(c) and (i). On April 21, 2021, OED issued a briefing schedule that provided a May 28 , 2021 deadline for TAG Resources to file its brief and a June 25, 2021 deadline for the Department to file its brief. On June 21, 2021, OED granted a one week …
  18. TR 2023-01P — Technical Release 2023-01P
    ERISADOL Technical ReleasesJul 25, 2023
    … NQTL to M/S benefits in the same classification.21 On December 27, 2020, Congress enacted the CAA, 2021.22 Section 203 of Title II of Division BB of the CAA, 2021 amended MHPAEA, in part, to expressly require group health plans and health insurance issuers offering group or individual health insurance coverage that of…
  19. 86 FR 51284 — Annual Reporting and Disclosure
    ERISAProposed Rules (FR)Proposed Sep 15, 2021
    …7.  National Association of Professional Employee Organizations, Industry Statistics (Accessed 6/28/2021), https://www.napeo.org/​what-is-a-peo/​about-the-peo-industry/​industry-statistics. NAPEO had previously reported 904 PEOs but revised its methodology. An explanation of the revision is included on the NAPEO websit…
  20. 89 FR 4662 — Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications
    ERISAFinal Rules (FR)Jan 24, 2024
    une 28, 2021). Back to Citation 16.  87 FR 14729 (Mar. 15, 2022). Back to Citation 17.  87 FR 14727 (Mar. 15, 2022). Back to Citation 18.   See, e.g., Section II(f) of PTE 2023-12 (88 FR 11699. February 23, 2023); Section II(p) of PTE 2022-02 (87 FR 23245, April 19, 2022); Section III(h) of PTE 2022-03 (87 FR 54264, Se…