To the extent prudence requires ongoing oversight, the final exemption does not require such supervision to be carried out by the financial institution or investment professional; such supervision may be carried out by a third party, but the advisory trustee must clearly explain the need to supervise the investor when making the recommendation. The intermediary could also review documentation prepared by insurance agents to comply with the exemption, as required by the insurance company, or use industry comparisons with third parties available on the market to help independent insurance agents recommend products that are prudent for the retired investors they advise. The reason for this modification is that the Department believes that any exemption from section 406 (a) that may be necessary in connection with transactions covered by this exemption is provided for in the statutory exemption for the provision of services to a plan by an interested party listed in section 408 (b) (of ERISA). In accordance with section 408 (a) of the ERISA and section 4975 (c) (c) (of the Code, and based on all registration), the Department considers that this exemption is administratively feasible, in the interest of plans and their participants and beneficiaries and owners of the IRA, and protects the rights of participants and beneficiaries of the owners of the Plan and the IRA;.
. The collective exemption affects plan participants and beneficiaries, IRA owners and trustees with respect to such plans and IRAs. Third, the retrospective review provision of the final exemption has been revised to provide that any senior executive official may perform the certification, as defined in the exemption, instead of requiring certification from the executive director (or an equivalent official) as proposed. This could involve the insurance intermediary reviewing documentation prepared by insurance agents to comply with the exemption, as required by the insurance company, or using industry comparisons with third parties available on the market to help independent insurance agents recommend products that are prudent for the retired investors they advise.
In addition, the Department does not intend for a financial institution or investment professional to be the designated trustee or plan administrator of a Title I plan or a subsidiary of it, unless a trustee (such as the employer sponsoring the Title I plan) who is independent of it selects the financial institution or investment professional as an advisory provider. Generally, a prohibited IRA transaction is any misuse of an IRA account or annuity by the owner of the IRA, its beneficiary, or any disqualified person. Section I (c) () of the exemption states that the exemption does not extend to transactions involving Title I plans if the investment professional, financial institution or subsidiary is (the employer) of the employees covered by the Plan; or is a designated trustee or plan administrator, or a subsidiary of the plan, who was selected to advise the Plan by a trustee who is not independent of the financial institution, the investment professional and its subsidiaries. The Department believes that the exemption is administratively feasible, for the benefit of plans and their participants and beneficiaries and of the owners of an IRA, and protects the rights of participants and beneficiaries of plans and owners of IRAs.
It is important to avoid duplication of disclosures and the Department reiterates that the standard of disclosure under this exemption can be met in full or in part using other mandatory disclosures, to the extent that those disclosures include information that must be disclosed under the exemption. Generally, if the owner of an IRA or his beneficiaries make a prohibited transaction in connection with an IRA at any time of the year, the account ceases to be an IRA as of the first day of that year. Therefore, the exemption is not available for Title I plans if the investment professional, financial institution, or subsidiary is (the employer) of the employees covered by the Plan; or (a trustee or plan administrator) designated, or a subsidiary, who was selected to advise the Plan by a trustee who is not independent. This exemption provides an exemption similar to that provided by the Prohibited Transaction Exemption 79-1 (PTE 79) and the Prohibited Transaction Exemption 84-46 (PTE 84-4), from the restrictions of section 406 (b) of the Act, and from taxes imposed by section 4975 (a) and (b) of the Code.