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ARTICLE · 16 FEBRUARY 2012

Finally The Final … 408(b)(2) Regulation

The Department of Labor (DOL) has issued the long-anticipated final service provider fee disclosure regulation (the "408(b)(2) regulation"). In this Alert, we describe what the amendment says; in a subsequent piece, we will explain the impact on various service providers.

United StatesEmployment and HR

The Department of Labor (DOL) has issued the long-anticipated final service provider fee disclosure regulation (the "408(b)(2) regulation"). (A complete copy of the final regulation and its preamble is at http://www.drinkerbiddle.com/files/Publication/f8930a8c-e1d8- 4b02-8b95-627d5eda02de/Preview/PublicationAttachment/cd338d8f-d4df-4c31-9cc9- 654ef9d0227d/408b2reg.pdf)

We think the most important changes are the following:

  • The extension of the compliance date from April 1, 2012 to July 1, 2012
  • The fact that service providers are not required to provide a summary of the disclosures, though the DOL provided a sample "guide" that is not mandatory
  • The addition of the requirement to describe the arrangement between the service provider and the payer of indirect compensation

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