408(b)(2) Final Regulations
Posted on Thu, Feb 02, 2012
The DOL issued the final 408(b)(2) regulations on Thursday February 2nd. The key points in the final regualtions include:
• The extension of the effective date 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 a requirement to describe the arrangement between a covered service provider and the payer of indirect compensation;
• Clarification that electronic transmission of the disclosures is permitted;
• Relief from the disclosure requirements for “frozen” 403(b) contracts;
• A new requirement that plan sponsors terminate the relationship with a service provider who fails or refuses to provide information on request;
• Limited relief for disclosures for brokerage accounts and similar arrangements.