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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. |
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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 |
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Timetable:
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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 |