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DOL Fiduciary Regulations

The U.S. Department of Labor (DOL) earlier this month released final regulations which significantly expand the more than 40-year-old definition of who is a plan fiduciary under the Employee Retirement Income Security Act of 1974 (ERISA) by virtue of providing investment advice for a fee. Thus the final regulations close the door on the spirited, six year debate between the DOL and the investment community over the challenges that the members of the investment community will face if the definition is expanded. However, there was during this period virtually no discussion about the challenges a plan sponsor would face if the definition is expanded.

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