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Data / Federal rules / 2024-01208

Automatic Portability Transaction Regulations

The Employee Benefits Security Administration published this proposed rule in the Federal Register on January 29, 2024. Comments closed on March 29, 2024.

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What the agency says

This document contains a proposed rule that would implement the statutory prohibited transaction exemption under section 4975 of the Internal Revenue Code (Code) for certain automatic portability transactions. Section 120 of the SECURE 2.0 Act of 2022 amended Code section 4975 to add a statutory exemption for the receipt of fees and compensation by an automatic portability provider for services provided in connection with an automatic portability transaction. Specifically, Code section 4975(d)(25) provides prohibited transaction relief if the conditions set forth in Code section 4975(f)(12) are met. The Department of Labor is proposing this regulation because, with certain exceptions not relevant here, section 102 of Reorganization Plan No. 4 of 1978 transfers the authority of the Secretary of the Treasury to issue certain regulations, rulings, opinions, and exemptions under Code section 4975 to the Secretary of Labor. Consistent with this transfer of authority, Congress authorized and directed the Department of Labor to issue regulations under Code section 4975 to implement provisions of section 120 of the SECURE 2.0 Act.

Key facts

Document number
2024-01208
Type
Proposed rule
Action
Notice of proposed rulemaking
Agency
Labor Department; Employee Benefits Security Administration
Published
January 29, 2024
Comments due
March 29, 2024
Dates
Comments on these proposed rules are due on March 29, 2024.
Regulation ID (RIN)
1210-AC21
Code of Federal Regulations
29 CFR 2550
Topics
Employee benefit plans; Pensions
Significant
Yes, under Executive Order 12866
Pages
49

The document on federalregister.gov PDF

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Everything from the Employee Benefits Security Administration · Rules on employee benefit plans · Rules on pensions · Published in January 2024

Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.