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ARTICLE · 20 APRIL 2017

Benefits Counselor April 2017

Reinhart, Boerner, Van Deuren SC
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The DOL EBSA issued a temporary enforcement policy regarding the 60-day extension of the applicability date of the fiduciary rule of the applicability date of the fiduciary rule and related PTEs...

United StatesEmployment and HR
Reinhart Boerner Van Deuren S.C.
Reinhart Boerner Van Deuren S.C.
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General Plan Developments

EBSA Issues Temporary Enforcement Policy Regarding Fiduciary Rule

On March 10, 2017, the Department of Labor's ("DOL") Employee Benefits Security Administration ("EBSA") issued a temporary enforcement policy regarding the 60-day extension of the applicability date of the fiduciary rule and related prohibited transaction exemptions ("PTEs") from April 10 to June 9, 2017. In response to concerns from the financial services industry, EBSA issued Field Assistance Bulletin 2017-01 containing the following temporary enforcement policy:

  • In the event the DOL issues a final rule after April 10 implementing a delay in the applicability date of the fiduciary duty rule and related PTEs, the DOL will not initiate an enforcement action because an adviser or financial institution did not satisfy conditions of the fiduciary rule or the PTEs during the "gap" period in which the rule becomes applicable before a delay is implemented, including a

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