DOL to Revise Definition of Benefit Plan "Fiduciary"


On September 19, the Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor (DOL) announced its intention to revise and re-propose amendments to its definition of “fiduciary.” The new proposal is expected to be issued in early 2012.

Background. The regulations issued under Employee Retirement Income Security Act (ERISA) define the term “fiduciary” to include any person who provides investment advice with respect to assets of the plan for a fee. If an investment advice provider is considered a fiduciary for ERISA purposes, then such provider is then subject to increased ERISA compliance obligations primarily related to avoiding prohibiting transactions and satisfying heightened fiduciary duties.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Katten Muchin Rosenman LLP | Attorney Advertising

Written by:


Katten Muchin Rosenman LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.