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DOL/EBSA RIN: 1210-AC21 Publication ID: Fall 2024 
Title: Exemption for Certain Automatic Portability Transactions 
Abstract:

Section 120 of SECURE 2.0 Act of 2022 amends section 4975 of the Internal Revenue Code (Code) to add a statutory exemption for the receipt of fees and compensation by the automatic portability provider for services provided in connection with an automatic portability transaction, as defined. This regulation implements the purposes of these amendments. With certain exceptions not relevant here, section 102 of Reorganization Plan No. 4 of 1978 transfers all authority of the Secretary of Treasury to issue regulations, rulings, opinions, and exemptions under section 4975 of the Code to the Secretary of Labor.  To inform this action, the Department conducted pre-rule outreach with stakeholders to learn about issues they believe should be addressed in the Department’s guidance. To provide stakeholders with another meaningful opportunity to engage in the regulatory process, the NPRM included a 60-day public comment period, The Department received thirteen comments in response and is taking the public’s input into account as it works to draft a final regulation.

 
Agency: Department of Labor(DOL)  Priority: Section 3(f)(1) Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: SECURE 2.0 Act of 2022, sec. 120   
Legal Deadline:
Action Source Description Date
Final  Statutory    12/29/2023 
Timetable:
Action Date FR Cite
NPRM  01/29/2024  89 FR 5624   
NPRM Comment Period End  03/29/2024 
Final Rule  12/00/2024 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Joseph Brennan
Employee Benefits Law Specialist
Department of Labor
Employee Benefits Security Administration
200 Constitution Avenue NW,
Washington, DC 20210
Phone:202 693-8456
Email: brennan.joseph@dol.gov