Feb 02, 2012
--- The U.S. Department of Labor’s (DoL) Employee Benefits
Security Administration (EBSA) issued a final rule on
408(b)(2) fee disclosure Thursday. ---
The DoL also announced a three-month extension to the rule’s
effective date, meaning service providers must be in compliance by July 1, 2012 for
new and existing contracts or arrangements between Employee Retirement Income Security Act
(ERISA)-covered plans and service providers.
President Obama has said, we’re at a make or break moment for the middle class
and those trying to reach it,” said Secretary of Labor Hilda L. Solis.
at stake is the American value that hard work pays off. The common-sense rule
that we are finalizing today will shed light on the true costs of 401(k)
accounts and ultimately reward those working hard and saving for retirement.”
continued, “This rule, and its companion participant-level fee disclosure rule,
will greatly increase the level of transparency in retirement plans. When
businesses that sponsor retirement plans, and the workers who participate in
those plans, get better information on associated fees and expenses, they’ll be
able to shop around and make informed decisions that will lead to cost savings
and a larger nest egg at retirement.”
DoL’s rule requires service providers to furnish information that will enable
pension plan fiduciaries to determine both the reasonableness of compensation
paid to the service providers and any conflicts of interest that may impact a
service provider's performance under a service contract or arrangement. It
requires disclosures of direct and indirect compensation certain service
providers receive in connection with the services they provide.
rule applies to those service providers that expect to receive $1,000 or more
in compensation and provide certain fiduciary or registered investment advisory
services, make available plan investment options in connection with brokerage
or recordkeeping services, or otherwise receive indirect compensation for
providing certain services to a plan.