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July 19, 2010
New Interim Final Rule: Disclosure of Information Concerning Retirement Plans

The government announced an interim final rule concerning the disclosure to fiduciaries of 401(k) and other retirement plans. U.S. Department of Labor (DOL) says the rule will help fiduciaries determine the reasonableness of compensation paid to plan service providers as well as any conflicts of interest that may affect a service provider's performance under a service contract or arrangement.

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"The interim final rule will enhance disclosure to pension plan fiduciaries by requiring the disclosure of the direct and indirect compensation certain service providers receive in connection with the services they provide."

Who does the rule apply to? According to the EBSA fact sheet, the interim final regulation applies only to defined contribution and defined benefit pension plans and focuses on the disclosure of the direct and indirect compensation certain service providers receive.

The rule applies to plan service providers that expect to receive $1,000 or more in compensation and that provide one or more of the following:

  • Certain fiduciary or registered investment advisory services
  • Recordkeeping or brokerage services to a participant-directed individual account plan in connection with the investment options made available under the plan
  • Certain other services for which indirect compensation is received

Comments can be electronically by e-mail to or through the federal e-rulemaking portal.

For more information, a fact sheet is available on the EBSA website.

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