Director, Office of Regulations and Interpretations

1210-AC26 202410 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1210 Employee Benefits Security Administration EBSA 1200 Department of Labor DOL Performance Benchmarks for Multi-Asset Class Investments

The Department of Labor’s participant-level fee disclosure regulation, at 29 CFR 2550.404a-5, requires that each designated investment alternative’s historical performance be benchmarked against an appropriate broad-based securities market index. Section 318 of the SECURE 2.0 Act of 2022 (SECURE 2.0) directs the Secretary of Labor, no later than December 29, 2024, to amend these regulations so that an investment that uses a mix of asset classes can be benchmarked against a blend of broad-based securities market indices, provided (a) the index blend reasonably matches the fund’s asset allocation over time, (b) the index blend is reset at least once a year, and (c) the underlying indices are appropriate for the investment’s component asset classes and otherwise meet the rule’s conditions for index benchmarks. The Department is considering a direct final rulemaking to implement this directive.

]]> Other Significant First Time Published in The Unified Agenda Final Rule Stage Undetermined Undetermined 29 CFR 2550.404a-5 Section 318 of SECURE Act 2.0 of 2022, Division O Consolidated Appropriations Act, 2023 (Pub. L. 117-328) 29 U.S.C. 1104 Statutory Final 12/29/2024 Section 318 of the SECURE 2.0 Act of 2022 (SECURE 2.0) requires implementing amendments to the Department of Labor’s regulations no later than December 29, 2025. Section 318 of the SECURE 2.0 Act of 2022 (SECURE 2.0) requires implementing amendments to the Department of Labor's regulations no later than December 29, 2025. No Direct Final Rule 05/00/2025 Undetermined Undetermined Undetermined No No Jeffrey Turner J. Director, Office of Regulations and Interpretations 1210 Employee Benefits Security Administration EBSA 202 693-8500 turner.jeffery@dol.gov N 5669, 200 Constitution Avenue NW, FP Building, Room N-5655, Washington DC 20210