Field Assistance Bulletins
Field Assistance Bulletin 2014-01
Subject: Update - Fiduciary Duties and Missing Participants in Terminated Defined Contribution Plans
Issue: This Bulletin updates departmental guidance on how fiduciaries of terminated defined contribution plans can fulfill their obligations under ERISA to locate missing participants and properly distribute the participants’ account balances.
Field Assistance Bulletin 2013-02
Subject: Required Annual Fee Disclosure
Issue: This Bulletin supplements the participant-level disclosure regulation by providing a temporary enforcement policy that will allow 401(k)-type plans to "re-set" the timing for the distribution of the comparative chart with investment-related information that they are required to furnish annually to plan participants. (with corrected citation)
Field Assistance Bulletin 2013-01
Subject: Defined Benefit Plan Annual Funding Notice - MAP-21
Issue: Interim guidance under section 101(f) of ERISA relating to single-employer defined benefit plan annual funding notice requirements pursuant to the Moving Ahead for Progress in the 21st Century Act.
Field Assistance Bulletin 2012-02R
Subject: Fee Disclosure Guidance
Issue: This Bulletin supplements the participant-level disclosure regulation by providing guidance on some of the most frequently asked questions concerning the participant-level disclosure regulation and how it may be implemented. It also provides guidance concerning requirements of the 408(b)(2) regulation that relate to the participant-level disclosure regulation. This FAB supersedes FAB 2012-02.
Field Assistance Bulletin 2012-02
Subject: Fee Disclosure Guidance
Issue: This Bulletin supplements the participant-level disclosure regulation by providing guidance on some of the most frequently asked questions concerning the participant-level disclosure regulation and how it may be implemented. It also provides guidance concerning requirements of the 408(b)(2) regulation that relate to the participant-level disclosure regulation.
Field Assistance Bulletin 2012-01
Subject: Citing Apprenticeship and Training Plans for using Plan Assets for Graduation Ceremonies and Program Marketing
Issue: Guidance on when the use of plan assets by apprenticeship and training plans to pay for graduation ceremonies and for advertising expenses violates ERISA's exclusive purpose and fiduciary duty requirements.
Field Assistance Bulletin 2010-01
Subject: Annual Reporting and ERISA Coverage for 403(b) Plans
Issue: This FAB supplements Field Assistance Bulletin 2009-02 by responding to questions concerning the scope of and conditions for transition relief provided by FAB 2009-02. The FAB also responds to questions concerning the scope of the Department’s safe harbor regulation at 29 CFR 2510.3-2(f).
Field Assistance Bulletin 2009-03
Subject: Delivery of a Summary Prospectus in an ERISA Section 404(c) plan
Issue: Guidance on the circumstances a plan fiduciary of a participant-directed individual account plan may satisfy the prospectus delivery requirements of section 404(c) of ERISA by furnishing a “Summary Prospectus” meeting the requirements established by the Securities and Exchange Commission (SEC)
Field Assistance Bulletin 2009-02
Subject: Form 5500 Reporting by IRC § 403(b) Plans Covered by Title I of ERISA
Issue: Guidance on transition relief from new requirements for IRC § 403(b) Plans for Form 5500 annual reporting of information on certain individual annuity contracts and mutual fund custodial accounts of current and former employees that were entered into before 2009 and for which the employer has no ongoing contribution obligation
Field Assistance Bulletin 2009-01
Subject: Defined Benefit Plan Annual Funding Notice - Pension Protection Act of 2006
Issue: Interim guidance under section 101(f) of ERISA relating to defined benefit plan annual funding notice requirements pursuant to the Pension Protection act of 2006
Field Assistance Bulletin 2008-04
Subject: Guidance Regarding ERISA Fidelity Bonding Requirements
Issue: Guidance concerning the application of ERISA's bonding requirements and the Pension Protection Act changes thereto
Field Assistance Bulletin 2008-03
Subject: Guidance Regarding Qualified Default Investment Alternatives (29 CFR § 2550.404c-5)
Issue: Guidance on recurring questions raised concerning the scope and meaning of various provisions of the final QDIA regulation
Field Assistance Bulletin 2008-02
Subject: Wellness Program Analysis
Issue: What types of health promotion or disease prevention programs offered by a group health plan must comply with the Department’s final wellness program regulations and how does a plan determine whether such a program is in compliance with the regulations?
Field Assistance Bulletin 2008-01
Subject: Fiduciary Responsibility for Collection of Delinquent Contributions
Issue: What are the responsibilities of named fiduciaries and trustees of ERISA-covered plans for the collection of delinquent employer and employee contributions?
Field Assistance Bulletin 2007-04
Subject: Supplemental health insurance coverage as excepted benefits under HIPAA and related legislation
Issue: What are the circumstances under which supplemental health insurance coverage satisfies the requirements for excepted benefits under sections 732(c)(3) and 733(c)(4) of ERISA?
Field Assistance Bulletin 2007-03
Subject: Periodic Pension Benefit Statements For Non-Participant Directed Individual Account Plans
Field Assistance Bulletin 2007-02
Subject: ERISA Coverage Of IRC § 403(b) Tax-Sheltered Annuity Programs
Issue: How do the Department of the Treasury/Internal Revenue Service regulations governing Internal Revenue Code § 403(b) tax-sheltered annuity programs affect the status of such programs under the Department of Labor's safe harbor regulation at 29 C.F.R. § 2510.3-2(f)?
Field Assistance Bulletin 2007-01
Subject: Statutory Exemption For Investment Advice
Issue: Guidance relating to the investment advice provisions of the Pension Protection Act of 2006
Field Assistance Bulletin 2006-03
Subject: Periodic Pension Benefit Statements - Pension Protection Act of 2006
Issue: Interim guidance relating to individual benefit statements and notices of freedom to divest employer securities pursuant to the Pension Protection Act of 2006
Field Assistance Bulletin 2006-02
Subject: Health Savings Accounts - ERISA Q&As
Issue: Guidance on recurring questions about ERISA coverage of health savings accounts (HSAs) and evolving practices in the offering of HSAs in the workplace
Field Assistance Bulletin 2006-01
Subject: The distribution to plans of settlement proceeds relating to late trading and market-timing
Issue: What are the duties and responsibilities under ERISA of independent distribution consultants (IDCs), plan service-providers and fiduciaries with respect to the allocation and distribution of mutual fund settlement proceeds to plans and plan participants?
Field Assistance Bulletin 2004-03
Subject: Fiduciary Responsibilities of Directed Trustees
Issue: In the context of publicly traded securities, what are the fiduciary responsibilities of a directed trustee?
Field Assistance Bulletin 2004-02
Subject: Fiduciary Duties and Missing Participants in Terminated Defined Contribution Plans
Issue: What does a plan fiduciary need to do in order to fulfill its fiduciary obligations under ERISA with respect to: (1) locating a missing participant of a terminated defined contribution plan; and (2) distributing an account balance when efforts to communicate with a missing participant fail to secure a distribution election?
Field Assistance Bulletin 2004-01
Subject: Health Savings Accounts
Issue: Whether Health Savings Accounts established in connection with employment-based group health plans constitute "employee welfare benefit plans" for purposes of Title I of ERISA?
Field Assistance Bulletin 2003-03
Subject: Allocation of Expenses in a Defined Contribution Plan
Issue: What rules apply to how expenses are allocated among plan participants in a defined contribution pension plan?
Field Assistance Bulletin 2003-02
Subject: Application of Participant Contribution Requirements to Multiemployer Defined Contribution Pension Plans
Issue: In the context of a multiemployer defined contribution pension plan, to what extent may collective bargaining, employer participation and similar agreements be taken into account in determining when participant contributions can reasonably be segregated from the general assets of participating employers?
Field Assistance Bulletin 2003-01
Subject: Participant Loans to Corporate Directors and Officers
Issue: May a plan administrator deny participant loans to directors and executive officers of the sponsoring employer of the plan on the basis that such loans may violate Section 13(k) of the Securities Exchange Act of 1934 without contravening the requirement of section 408(b)(1) of ERISA that loans be made available to all participants on a reasonably equivalent basis?
Field Assistance Bulletin 2002-03
Subject: Disclosure and other Obligations Relating to Float
Issue: What does a fiduciary need to consider in evaluating the reasonableness of an agreement under which the service provider will be retaining float and what information is a service provider required to disclose to plan fiduciaries with respect to such arrangements in order to avoid engaging in a prohibited transaction?
Field Assistance Bulletin 2002-02
Subject: Plan Amendments Made by Multiemployer Plan Trustees
Issue: Were the trustees of two related multiemployer plans subject to ERISA's fiduciary standards when they amended the plan's trust agreement?
Field Assistance Bulletin 2002-01
Subject: ESOP Refinancing Transactions
Issue: What are the obligations of a fiduciary under sections 404(a) and 408(b)(3) of ERISA in connection with the refinancing of an exempt ESOP loan?