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ARTICLE · 18 JANUARY 2007

DOL Eases Investment Diversification Notice Requirement For Certain Plans

On December 20, 2007, the Department of Labor ("DOL") released Field Assistance Bulletin No. 2006-03 (the "FAB") containing guidance for its staff, as well as plan sponsors and administrators, relating to certain notice requirements enacted under the Pension Protection Act of 2006 ("PPA").

United StatesEmployment and HR

On December 20, 2007, the Department of Labor ("DOL") released Field Assistance Bulletin No. 2006-03 (the "FAB") containing guidance for its staff, as well as plan sponsors and administrators, relating to certain notice requirements enacted under the Pension Protection Act of 2006 ("PPA"). While the FAB generally addresses the PPA’s requirement for periodically furnishing pension benefit statements, it also clarifies and eases the PPA’s requirement for notifying plan participants and beneficiaries of their right to diversify plan investments.

As discussed in a previous Alert, the notice regarding diversification must describe the right to diversify (including the frequency with which such right may be exercised) and the importance of investment diversification. The IRS issued a Model Notice earlier this month that, after customizing to reflect a plan’s unique provisions, may be distributed to participants as required. However, confusion remained as to how the diversification notice

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