THESE ARTICLES PROVIDE EDUCATION AND TIMELY INSIGHTS TO THE ON AGAIN, OFF AGAIN, PTE 2020-02 ROLLOVER ADVICE REGULATION.

09/25/23
Late one recent Friday afternoon, the Department of Labor dropped off a draft regulatory package for review that would redefine fiduciary investment advice under the Employee Retirement Income Security Act (ERISA). 

Nevin (Adams) and Fred (Reish) explore the possibilities—the history and potential future—of this initiative.

07/10/23
Rollovers, Regulation, Litigation: Where Are We and What’s Next?

Fiduciary status for plan-to-IRA rollover recommendations, standing alone, has been vacated. But other important transactions, such as IRA transfers, have not.

05/30/23
The DOL’s Fiduciary Interpretation and the Florida Court Decision

The DOL’s decision to not appeal the Court’s opinion likely indicates that the DOL will be issuing a new proposed regulation on the definition of fiduciary advice, probably before the end of summer. And, in the authors view at least, that proposal will, one way or another, say that a rollover recommendation is a fiduciary recommendation.

What You Need To Know To Prepare For Your 1st Annual Retrospective Review

If a failure to comply with the PTE’s conditions is not corrected, the transaction or rollover will continue to be a prohibited transaction, which could result in loss of compensation and imposition of penalties.

Deadline:
Review period 02/22-12/22 Certification: 06/30/23
Review period 02/22-01/23 Certification: 07/31/23