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U S GAO - Department of Labor, Employee Benefits Security Administration: Financial Factors in Selecting Plan Investments

U S GAO - Department of Labor, Employee Benefits Security Administration: Financial Factors in Selecting Plan Investments
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DOL Finalizes Fiduciary Exemption Consistent with Best Interest Standard

DOL Finalizes Fiduciary Exemption Consistent with Best Interest Standard Investment professionals can collect payment for a wider range of transactions, so long as they satisfy the reinstated ‘five-part test’ for fiduciaries. The US Department of Labor (DOL) on Tuesday finalized a fiduciary exemption under the best interest standard, allowing investment advisers to collect payment for a wider range of advice. The exemption is part of broader regulation for retirement plans under the Employee Retirement Income Security Act (ERISA) that also reinstates the “five-part test” to determine fiduciary status, in line with the best interest standard called Regulation Best Interest (Reg BI) put forth by the Securities and Exchange Commission (SEC), according to the DOL. The regulation is called the “Improving Investment Advice for Workers & Retirees Exemption.” 

Labor Department finalizes investment-advice exemption

Labor Department finalizes investment-advice exemption Bloomberg The Department of Labor on Tuesday finalized a prohibited transaction exemption permitting investment-advice fiduciaries to receive compensation for more types of their guidance, including advice to roll over assets from a retirement plan to an individual retirement account. The exemption will go into effect 60 days after publication in the Federal Register and after the Biden administration takes office Jan. 20. The new administration can halt and review any rule-making effort that is not in effect, meaning that the exemption has an uncertain fate. The Employee Retirement Income Security Act of 1974 currently prohibits investment advice fiduciaries from self-dealing, or taking actions that would provide additional compensation from transactions for themselves, their affiliates or related entities involving plans and individual retirement accounts.

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