ERISA – Fiduciary Duty: Proposed Exemption to Engaging In “Self Dealing”

erisa

” The exemption allows fiduciaries to receive compensation when plans and IRAs enter into certain insurance and mutual fund transactions recommended by the fiduciaries as well as certain related transactions.”

April 14, 2015

Text of Proposed Amendment to and Proposed Partial Revocation of PTE 84-24 for Certain Transactions Involving Insurance Agents and Brokers, Pension Consultants, Insurance Companies and Investment Company Principal Underwriters (PDF)
40 pages. “The ERISA and Code provisions at issue generally prohibit fiduciaries with respect to employee benefit plans and individual retirement accounts (IRAs) from engaging in self-dealing in connection with transactions involving these plans and IRAs. The exemption allows fiduciaries to receive compensation when plans and IRAs enter into certain insurance and mutual fund transactions recommended by the fiduciaries as well as certain related transactions. The proposed amendments would increase the safeguards of the exemption. This document also contains a notice of pendency before the Department of the proposed revocation of the exemption as it applies to IRA purchases of mutual fund shares and certain annuity contracts. The amendment and revocations would affect participants and beneficiaries of plans, IRA owners and certain fiduciaries of plans and IRAs.” (Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL])