Final DOL 408(b)(2) Disclosure Regulation

Final regulation provides a number of helpful clarifications and changes, but continues to impose what will be a highly burdensome disclosure framework.

As described in our LawFlash dated February 2, 2012,¹ the Department of Labor (DOL) has issued a final regulation adopting disclosure requirements for retirement plan service providers under Section 408(b)(2) of the Employee Retirement Income Security Act of 1974 (ERISA). That LawFlash focused mainly on the extension of the effective date to July 1, 2012 for providing the required disclosures. This LawFlash examines the changes from the interim final regulation that was published in July 2010. For a comprehensive review of the disclosure rules based on the interim final regulation, see our LawFlash dated July 21, 2010.²