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GAO-08-256R 1 (2007-11-13)

handle is hein.gao/gaobadwsf0001 and id is 1 raw text is: 


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T I   IAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-310709


          November 13, 2007

          The Honorable Edward M. Kennedy
          Chairman
          The Honorable Michael B. Enzi
          Ranking Minority Member
          Committee on Health, Education, Labor, and Pensions
          United States Senate

          The Honorable George Miller
          Chairman
          The Honorable Howard P. Buck McKeon
          Ranking Minority Member
          Committee on Education and Labor
          House of Representatives

          Subject: Department of Labor, Employee Benefits Security Administration:
                  Default Investment Alternatives Under Participant Directed Individual
                  Account Plans

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Labor, Employee Benefits Security
          Administration, entitled Default Investment Alternatives Under Participant Directed
          Individual Account Plans (RIN: 1210-AB1O). We received the rule on October 29,
          2007. It was published in the Federal Register as a final rule on October 24, 2007.
          72 Fed. Reg. 60,452.

          The final rule implements recent amendments to title I of the Employee Retirement
          Income Security Act of 1974. The rule provides liability relief for any fiduciary of a
          participant directed individual account pension plan if the fiduciary complies with
          the final rule.

          Under the final rule, a participant will be deemed to have exercised control over
          assets in his or her account, and the fiduciary will be relieved of liability, if, in the
          absence of investment directions from the participant, the plan invests in a qualified
          default investment alternative. The final rule describes the types of investments that
          qualify as default investment alternatives. The final rule does not relieve fiduciaries
          of the responsibility to prudently select and monitor the investments. Relief from
          liability is further conditioned on the fiduciary providing advance notice to


GAO-08-256R

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