Tax Facts

4146 / Are covered service providers required by the DOL 408(b)(2) regulations to make any subsequent disclosures after the initial disclosure is provided?

A covered service provider is required to disclose any change to a responsible plan fiduciary as soon as is practicable but not later than 60 days from the date the service provider is aware of the change. Where such disclosures are late due to circumstances beyond the control of the service provider, the information must be disclosed as soon as practicable.1

In addition, if a responsible plan fiduciary requests information that is necessary to comply with a reporting requirement or is required for its own evaluation of the arrangement, a service provider must furnish that information. The preamble to the regulations discusses the additional information a responsible plan fiduciary may need to acquire to carry out the required duties. The regulations discuss the need for a service provider to promptly provide information that is requested. In this regard, a service provider must disclose the information no later than 30 days following receipt of a written request from a responsible plan fiduciary unless the disclosure is delayed due to extraordinary circumstances beyond the service provider’s control, in which case the information must be provided as soon as practicable.2


1. Labor Reg. § 2550.408b(c)(1)(v)(B).

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