THE DEPARTMENT OF LABOR (DOL) HAS PUBLISHED TECHNICAL CORRECTIONS TO TWO OF THE EXEMPTIONS ISSUED IN CONJUNCTION WITH ITS FINAL RULE EXPANDING ERISA’S DEFINITION OF INVESTMENT ADVICE FIDUCIARY (THE FINAL RULE). TECHNICAL CORRECTIONS TO BEST INTEREST CONTRACT AND PRINCIPAL TRANSACTION EXEMPTIONS
On July 7, 2016, DOL released technical corrections to its two new exemptions published in April 2016 in conjunction with the Final Rule:
- The Best Interest Contract Exemption (BICE), now officially designated as Prohibited Transaction Exemption (PTE) 2016-01; and
- The Principal Transaction Exemption, designated as PTE 2016-02.
The principal clarifications included in these releases are summarized below. These clarifications helpfully resolve unintended discontinuities between the text of the exemptions and DOL’s drafting intent as expressed in the preamble or elsewhere, and conform a detail in the definition of insurance companies that may serve as BICE Financial Institutions to applicable state insurance law. Certain clerical corrections were also made. The revised text of each PTE is reproduced in full in the respective release.
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