Home -> Law Blog Directory -> Benefits & ERISA Law Blogs -> Pension Protection Act Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Benefits & ERISA Law
: Pension Protection Act BlogDOL Releases Proposed Fee Disclosure Regulations
By Suzanne Wynn
The Dept. of Labor released the long-awaited proposed regulations on fee disclosures and fiduciary responsibilities. Officially called the proposed regulations on “Fiduciary Requirements for Disclosure in Participant-Directed Individual Account Plans”, these proposed regulations are 103 pages long and include a model disclosure notice.
The regulations are a little too involved to provide a brief summary here. I am working on a comprehensive guide to these regulations along with speaking at two webinars next week about these regulations because they really seem to encompass the DOL’s ideas on what information should (must) be disclosed to participants and beneficiaries. The DOL states in the regulations that their intention is to establish uniform, basic disclosures for participants and beneficiaries without regard to whether the plan is covered by Code section 404(c). To reach that goal, the DOL has taken a multi-prong approach. Some disclosures are to be made to participants and beneficiaries in the summary plan descriptions (SPDs). Some disclosures are to be made in the quarterly benefit statements which are already required by the Pension Protection Act. And some disclosures are to be made on separate forms. To faciliate disclosure, the DOL has included a model disclosure notice within these regulations.
The requirement to include some information in the SPDs is coming a little late for the EGTRRA defined contribution plans. I know a number of plan document providers which already have the SPDs for their EGTRRA defined contribution prototype and volume submitter plans programmed and in production, and will find it burdensome to pull the SPDs back out of production in order to include the fee disclosure information. Over the last couple of years, a running debate among pension geeks has revolved around the disconnect between the DOL’s 5-year rule for SPDs and the IRS’ 6-year rule for plan documents. These regulations add further fuel to that fire as the DOL is imposing information disclosures on fees and fiduciary responsibility which will not be reflected in the actual EGTRRA documents which the IRS approved a few months ago.
pension protection act, ppa, DOL, Dept. of Labor, EGTRRA, SPD, summary plan description, fee, expense, proposed regulations, ERISA
Technorati Tags: pension protection act, ppa, DOL, Dept. of Labor, EGTRRA, SPD, summary plan description, fee, expense, proposed regulations, ERISA
Full post as published by Pension Protection Act Blog on July 23, 2008 (boomark / email).
Those Proposed Fee Disclosure Regs.
Those Proposed Fee Disclosure Regs?. Written by: Bob Toth, Nick Curabba What better topic to kick off a benefits blog than the issue of the day: fee disclosure? The recently proposed § 408(b)(2) regulations are sure to generate...
"Proposed IRA Disclosure Rules"
Posted by Chuck Kallendorf: “New regulations being proposed by the Labor Department would require employers to disclose more information—and...
EPA Releases Proposed Carbon Sequestration Regulations
On July 15, EPA Administrator Steven Johnson signed a proposed rulemaking package, which would regulate geologic sequestration of carbon dioxide under the Underground Injection Control (?UIC?) Program of the Safe Drinking Water Act...
DOJ Issues Notice of Proposed Rulemaking on ADA, Including Standards for Accessible Design
According to the DOJ website, On Friday, May 30, 2008, Attorney General Michael B. Mukasey signed proposed regulations to revise the Department?s ADA regulations, including its ADA Standards for Accessible Design...
CFIUS Proposes New Regulations on Foreign Investments
CFIUS Issues Proposed Regulations On Monday, the Department of the Treasury's Committee on Foreign Investment in the United States (“CFIUS”) issued proposed regulations governing national security reviews of foreign investments in US companies...
Proposed IRA Disclosure Rules
New regulations being proposed by the Labor Department would require employers to disclose more information?and in a clearer format?about fees & investments in company 401(k) plans, now the single most-popular retire-savings device for millions of Americans, a USAToday article this morning says...
Florida State Settles with Feds over Disclosure of Personal Driver Info
Florida State Settles with Feds over Disclosure of Personal Driver Info
Settlement Proposed in Class Action Against Facebook
Facebook will Close Beacon in Proposed Settlement
Expedia Class Action Settlement Proposed for $123.4 Million
Expedia Settlement Proposed for $123.4 Million
$11,250,000 Settlement Proposed in Amkor Class Action
Amkor Reaches Proposed Settlement in Securities Class Action
Settlement Proposed in Fomoco ERISA Class Action
Fomoco ERISA Class Action Proposed Settlement Reached with Ford
WaMu Mutual Stock Class Action Settlement Proposed
WaMu Mutual Stock Class Action Settlement Proposed









