Feds issue new rules on 401(k) investment advice
If your company is among the nearly 70% of firms that offer investment advice, you’ll want to take a close look at these rules.
The DOL’s Employee Benefits Security Administration (EBSA) just issued its final rule on investment advice for defined-contribution plan participants.
It goes into effect on December 27, 2011.
The final rule spells out scenarios in which investment advice can be provided to 401(k) participants without violating the prohibited transaction rules that are part of the Pension Protection Act of 2006.
Essentially, it states that 401(k) plans can offer advice to plan participants in two ways:
- from a third-party (as long as the third party receives a level – or flat – fee that doesn’t change based on investment choices), and
- from a computer model that is certified as an unbiased independent expert.
Whether a plan-sponsor uses a third-party or computer model, the organization, computer model or persons providing the advice must use generally accepted investment theories that are based on historical risks and the performance of different asset classes over a defined time frame.
The DOL’s final rule also listed a number of criteria the entity providing investment advice must ask 401(k) participants about and take into account.
This includes the participants’:
- age
- life expectancy
- retirement age
- risk tolerance and investment preferences
- current investments, and
- other assets and sources of income.
You can view the official DOL rule right here.
Free Training & Resources
Webinars
Provided by Insightsoftware
White Papers
Provided by UJET
Further Reading
EBSA FY 2025 Enforcement Snapshot $1.4B recovered for workers and plans 878 civil investigations closed 253 criminal investigatio...
Today’s economic conditions have placed most working Americans in a tight spot unlike anything since the Great Depression. And it’s...
The Department of Labor (DOL) is once again taking a neutral stance on offering a certain investment option to retirement plan participants...
Open enrollment may feel far away. It isn’t. Summer is when benefits planning for 2027 starts taking shape. Health benefits are one of...
If your employer plans to contribute to Trump Accounts, payroll has until July 4, 2026, to get it right. Coding errors made at setup create...
You have great well-being benefits. So why don’t employees use them to the max? Nearly 80% of employees have access to well-being ...