Department of Labor Exemption Impacts Investment Advice Fiduciaries

By , and on July 21, 2021

The US Department of Labor (DOL) recently issued guidance concerning a new exemption under the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 (ERISA) in connection with the provision of investment advice. PTE 2020-02, Improving Investment Advice for Workers & Retirees (the Exemption), became effective on February 16, 2021. On April 13, 2021, the DOL issued additional guidance, in FAQ format, to further explain the Exemption.

In this article, McDermott’s Jennifer D. Hill, Todd A. Solomon and Brian J. Tiemann explain the significance of this new guidance.

Access the article.

Jennifer HillJennifer Hill
Jennifer D. Hill focuses her practice on employee benefits and executive compensation matters. Jennifer routinely reviews qualified retirement plans, executive compensation and employment agreements and equity compensation to ensure conformity with Section 409A, ERISA and COBRA. Read Jennifer D. Hill's full bio.


Todd SolomonTodd Solomon
Todd A. Solomon is the head of McDermott’s Benefits, Compensation & Employment Practice Group. Todd focuses his practice on designing, amending and administrating pension, profit sharing, 401(k), employee stock ownership and 403(b) plans, as well as nonqualified deferred compensation arrangements. He also counsels privately and publicly held corporations and tax-exempt entities regarding fiduciary issues under the Employee Retirement Income Security Act (ERISA), employee benefits issues involved in corporate transactions, executive compensation matters and the implementation of benefit programs for domestic partners of employees. Read Todd A. Solomon's full bio.


Brian TiemannBrian Tiemann
    Brian J. Tiemann counsels public and private companies on a broad range of employee benefit matters, including matters related to pension plans, 401(k) plans and executive and incentive compensation. He advises plan fiduciaries with respect to their fiduciary duties, investment policies and alternative investments. He also advises multinational clients on global employee benefits matters, particularly with respect to global incentive compensation plans. Brian has extensive experience negotiating investment management agreements and service provider agreements. Read Brian Tiemann's full bio.

STAY CONNECTED

TOPICS

ARCHIVES