Director, Office of Regulations and Interpretations

1210-AB79 201704 Unified Agenda of Federal Regulatory and Deregulatory Actions 1210 Employee Benefits Security Administration EBSA 1200 Department of Labor DOL Definition of the Term Fiduciary--Delay of Applicability Date

This rulemaking extends for 60 days the applicability date of the final regulation, published on April 8, 2016, defining who is a fiduciary” under the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986. It also extends for 60 days the applicability dates of the Best Interest Contract Exemption and the Class Exemption for Principal Transactions in Certain Assets Between Investment Advice Fiduciaries and Employee Benefit Plans and IRAs. It requires that fiduciaries relying on these exemptions for covered transactions adhere only to the Impartial Conduct Standards (including the best interest” standard), as conditions of the exemptions during the transition period from June 9, 2017, through January 1, 2018. Thus, the fiduciary definition in the rule (Fiduciary Rule or Rule) published on April 8, 2016, and Impartial Conduct Standards in these exemptions, are applicable on June 9, 2017, while compliance with the remaining conditions in these exemptions, such as requirements to make specific written disclosures and representations of fiduciary compliance in communications with investors, is not required until January 1, 2018. This rulemaking also delays the applicability of amendments to Prohibited Transaction Exemption 84-24 until January 1, 2018, other than the Impartial Conduct Standards, which will become applicable on June 9, 2017. Finally, this rulemaking extends for 60 days the applicability dates of amendments to other previously granted exemptions. The President, by Memorandum to the Secretary of Labor dated February 3, 2017, directed the Department of Labor to examine whether the Fiduciary Rule may adversely affect the ability of Americans to gain access to retirement information and financial advice, and to prepare an updated economic and legal analysis concerning the likely impact of the Fiduciary Rule as part of that examination. The extensions announced in this rulemaking are necessary to enable the Department to perform this examination and to consider possible changes with respect to the Fiduciary Rule and PTEs based on new evidence or analysis developed pursuant to the examination.

]]> Economically Significant First Time Published in The Unified Agenda Completed Actions Yes No 29 CFR 2510.3-21 29 U.S.C. 1002 (ERISA sec 3(21)) 29 U.S.C. 1135 (ERISA sec 505) No Proposed Rule; Extension of Applicability Date 03/03/2017 82 FR 12319 Proposed Rule Comment Period End 03/17/2017 Final Rule; Delay of Applicability Date 04/07/2017 82 FR 16902 Final Rule; Delay of Applicability Date Effective 06/09/2017 Yes Businesses None No No Yes No 1210-AB32 Related to Jeffrey Turner J. Director, Office of Regulations and Interpretations 1210 Employee Benefits Security Administration EBSA 202 693-8500 Room N5669, 200 Constitution Avenue NW, FP Building, Room N-5655, Washington DC 20210