On Thursday, October 28, president of RIA Compliance Consultants Bryan Hill and Senior Compliance Consultant Jarrod James presented the webinar IRA Rollovers Under U.S. Department of Labor’s PTE 2020-02. This webinar explained the requirements of PTE 2020-02, and presented some compliance best practices. Please click on the following link to purchase a recording of this webinar: IRA Rollovers Under U.S. Department of Labor’s PTE 2020-02
Investment adviser firms advising plan participants on IRA rollovers should review the recently published guidance of the U.S. Department of Labor (“DoL”) regarding PTE 2020-02, a new fiduciary advice prohibited transaction exemption. Compliance with PTE 2020-02 now permits investment advisers to provide advice regarding IRA rollovers without violating Title I of the Employee Retirement Income Security Act of 1974, as amended (ERISA), and the Internal Revenue Code of 1986 (“IRC”), both of which prohibit investment advisers from receiving payments that create a conflict of interest when providing fiduciary investment advice to plan sponsors, plan participants, and IRA owners. The adoption of PTE 2020-02 follows several years of rulemaking, court actions, and DoL guidance regarding the definition of fiduciary investment advice and clarifies that advice regarding IRA rollovers is considered a fiduciary activity, in contrast to the DoL’s prior interpretation.