SEC Issues Rule 482 No-Action Relief to Non-ERISA 403(b), 457 Plans

Franczek P.C.
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The Securities and Exchange Commission (SEC) issued a no-action letter extending relief to certain investment-related information provided to participants in non-ERISA 403(b), 457(b), and other qualified participant-directed retirement plans. This would include, for example, 403(b) plans sponsored by public school districts or church-related organizations, some private-sector 403(b) plans in which the employer has minimal involvement, 457 plans, and other non-ERISA defined contribution plans. In October 2011, the SEC had issued a no-action letter in which it agreed to treat investment information provided under ERISA’s participant-level fee disclosure requirements as complying with the requirements of Rule 482 of the Securities Act of 1933, which sets forth certain content requirements for investment-related advertising. In this most recent no-action letter, the SEC extended this relief to fee disclosures made to non-ERISA plan participants, even though the fee disclosure requirements do not apply to non-ERISA plans.

Practically speaking, this development means that non-ERISA plans that have chosen to provide, or wish to provide, the participant-level fee disclosures that are generally required for ERISA-covered defined contribution plans will not be in violation of SEC Rule 482.

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.

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