Proposed Rule on Prohibited Transaction Exemption Procedures

The DOL has issued a proposed rule amending and restating its rules on obtaining prohibited transaction exemption relief.

Document Excerpt

This document contains a proposed rule that, if adopted, would supersede the existing procedure governing the filing and processing of applications for administrative exemptions from the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code of 1986 (the Code), and the Federal Employees’ Retirement System Act of 1986 (FERSA). The Secretary of Labor is authorized to grant exemptions from the prohibited transaction provisions of ERISA, the Code, and FERSA and to establish an exemption procedure to provide for such relief. The proposed rule would clarify and consolidate the Department of Labor’s exemption procedures and provide the public with a more comprehensive description of the prohibited transaction exemption process.



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