On July 22, 2013, the DOL released Field Assistance Bulletin No. 2013-02 (FAB) establishing a temporary nonenforcement policy that allows plans to reset the date by which they would otherwise need to provide participants with the 2013 participant fee disclosure. Administrators of participant-directed individual account plans are required to disclose to plan participants and beneficiaries certain detailed investment-related information about a plan's investment alternatives. Under the final regulations, the first disclosure was due during 2012 (by August 30, 2012 for calendar-year plans). A plan administrator would then be required to publish an updated chart "at least annually thereafter." The regulations define "annually" to mean at least once within any 12-month period. Thus, a plan administrator would be required to publish its second disclosure within 12 months following thepublication date of the 2012 disclosure.
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DOL allows employers to delay distribution of the 2013 participant fee disclosure
USA August 30 2013
Plan administrators notified the DOL that the August 30 date does not correspond with the due dates of any other ERISA-required disclosures and that ongoing compliance would result in administrative burdens and extra costs to plans. In response, the DOL issued the current FAB allowing plan administrators to make the second required disclosure (for 2013) within the 18 months following the date that the 2012 disclosure was issued. This temporary nonenforcement policy effectively allows a plan to align the due date for the participant fee disclosure with the due dates for other required disclosures. For plan administrators who may have already furnished the 2013 disclosure, or have already expended plan funds preparing the disclosure, those plans may provide the 2014 disclosure within 18 months following the date the 2013 disclosure is sent.
The DOL continues to review options for longer-term solutions, including a 30- or 45-day window within which plan administrators would be allowed to furnish the required comparative chart
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