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The Effect of the Pension Protection Act of 2006 ' 408(b)(2)

BY Charles B. Blanton, Jr.
June 25, 2012

With the effective date (July 1, 2012) upon us, the uproar surrounding the new disclosure regulations affecting retirement plans is beginning to gain momentum as the definitive question continues to be asked: Will the Pension Protection Act's ' 408(b)(2) be a much-needed addition to the process surrounding opening the veil to plan expenses or will it simply cause further damage to an already weak overall retirement solution for millions of Americans? How do the regulatory changes affect your firm and its approach to retirement plan oversight?

Background

As an answer to the indiscretions of many major corporations in the late 90s and early 2000s (ADT, Enron, Adelphia among others), the Department of Labor has had disclosure reform at the forefront of its campaign to unravel the mystery behind employee benefits such as the corporate retirement plan. With advertising expenses, 12b-1 fees, commissions, revenue-sharing, and direct and indirect compensation being morphed into the undefined ball known as plan fees and expenses, it has never been very clear, even to the most savvy of financial experts, just how to break down fees as necessary or unnecessary, reasonable or excessive, prudent or imprudent.

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