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DOL/EBSA RIN: 1210-AC02 Publication ID: Spring 2024 
Title: Retirement Security Rule: Definition of an Investment Advice Fiduciary 
Abstract:

This rulemaking amended the regulatory definition of the term fiduciary set forth at 29 CFR 2510.3-21(c) to more appropriately define when persons who render investment advice for a fee to employee benefit plans and IRAs are fiduciaries within the meaning of section 3(21) of ERISA and section 4975(e)(3) of the Internal Revenue Code. The amendment took into account practices of investment advisers, and the expectations of plan officials and participants, and IRA owners who receive investment advice, as well as developments in the investment marketplace, including in the ways advisers are compensated that can subject advisers to harmful conflicts of interest. In conjunction with this rulemaking, EBSA also amended existing prohibited transaction exemptions to ensure consistent protection of employee benefit plan and IRA investors. During the consideration of the proposed rule, in order to broaden public participation and community engagement in the regulatory process, the Department developed a webpage dedicated to this rulemaking that included plain language information on the rulemaking and provided information about where to submit comments. The Department also held a public hearing during the comment period for this rulemaking at which more than 40 witnesses testified.

 
Agency: Department of Labor(DOL)  Priority: Section 3(f)(1) Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: Yes  Unfunded Mandates: Private Sector 
CFR Citation: 29 CFR 2510.3-21   
Legal Authority: 29 U.S.C. 1002    29 U.S.C. 1135    Reorganization Plan No. 4 of 1978, 5 U.S.C. App. 252 (2020)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/03/2023  88 FR 75890   
NPRM Comment Period End  01/02/2024 
Final Rule  04/25/2024  89 FR 32122   
Final Rule Effective  09/23/2024 
Regulatory Flexibility Analysis Required: YES  Government Levels Affected: None 
Small Entities Affected: Businesses, Organizations  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: Yes 
Agency Contact:
Karen E. Lloyd
Office of Regulations and Interpretations
Department of Labor
Employee Benefits Security Administration
200 Constitution Avenue NW, FP Building, Room N-5655,
Washington, DC 20210
Phone:202 693-8510