Employee Benefits Security Administration February 29, 2008 – Federal Register Recent Federal Regulation Documents

Amendment of Regulation Relating to Definition of “Plan Assets”-Participant Contributions
Document Number: E8-3596
Type: Proposed Rule
Date: 2008-02-29
Agency: Employee Benefits Security Administration, Department of Labor
This document would, upon adoption, establish a safe harbor period of 7 business days during which amounts that an employer has received from employees or withheld from wages for contribution to employee benefit plans with fewer than 100 participants would not constitute ``plan assets'' for purposes of Title I of the Employee Retirement Income Security Act of 1974, as amended (ERISA), and the related prohibited transaction provisions of the Internal Revenue Code. This amendment would provide greater certainty concerning when participant contributions held by an employer do not constitute ``plan assets.'' The proposed rule, if adopted, would affect the sponsors and fiduciaries of contributory group welfare and pension plans covered by ERISA, including 401(k) plans, as well as the participants and beneficiaries covered by such plans and recordkeepers, and other service providers to such plans.